Nebraska Concealed Carry Training Guide The instructor shall provide each student with the following: An outline of the material instructed - See page 1 A current copy of the Concealed Handgun Permit Act - See page 41 A current copy of the Concealed Handgun Permit Act Rules and Regulations – See Page Printed information on how and where to apply for the Concealed Handgun Permit – See Page 40 Outline I. Section 1 - Training Objectives a. Conflict Resolution b. Situational awareness i. States of Awareness Color Code c. Avoiding criminal attacks II. Section 2 - Training Objectives a. Firearm’s Safety rules i. Four Firearm Safety Rules ii. Other Firearm Safety Rules b. Handgun nomenclature (general) c. Firearm safeties and their uses d. Loading and unloading of the handgun i. Loading and Unloading a Semi-Auto ii. Loading and Unloading a Revolver e. Concealed carry techniques i. Holsters 1. Inside the Waistband 2. Outside the Waistband 3. Off Body Carry III. Section 3 - Training Objectives a. Nomenclature of ammunition i. Case ii. Powder iii. Primers iv. Bullets 1. Full Metal Jacket 2. Jacketed Hollow Points b. Use factory new vs. reloaded ammunition c. Inspection of ammunition i. Corrosion ii. Bulged cases iii. Missing and upside down primers d. Identifying misfires and squib loads i. Misfire ii. Hang Fire iii. Squib load e. Avoiding lead contamination i. Medical Symptoms ii. Washing Hands IV. Section 4 - Training Objectives a. Use of safes b. Various handgun locking devices c. Separate storage of handguns and ammunition d. Cleaning and maintenance of handguns e. State Statues 28-1204 to 28-1204.01 i. NE State Statues 28-1204 - Unlawful possession of a handgun ii. NE State Statues 28-1204.01 - Unlawful transfer of a firearm to a juvenile V. Section 5 - Training Objectives a. Stance i. Weaver ii. Isosceles b. Grip c. Sight alignment d. Trigger control e. Breathing f. Follow through VI. Section 6 - Training Objectives a. State Statutes – 28-1201 to 28-1212.02 b. Snowmobiles – 60-6,342 to 60-6,344 i. NE State Statute - 60-6,342 ii. NE State Statute - 60-6,343 iii. NE State Statute - 60-6,344 c. Handgun Purchase Permits – 69-2401 to 69-2426 Legislative findings and declarations., Terms, defined. Certificate; application; fee., Application; chief of police or sheriff; duties Application; chief of police or sheriff; duties Certificate; denial or revocation; contents; term; revocation. False information on application; other violations; penalties; confiscation of handgun. Request for criminal history record check Records; confidentiality; destruction. Nebraska State Patrol; toll-free telephone number; Handgun Purchase Permits Records Criminal history records Obtaining handgun for prohibited transfer; violation; penalty. Rules and regulations. City or village ordinance; not preempted d. Procedures for contact with Law Enforcement Officers and Emergency Medical Services personnel e. Required documents - DL or ID card and CCH Permit i. Nebraska CCH Permit ii. Nebraska Driver’s License f. Locations CCW are not allowed VII. Section 7 - Training Objectives a. State Statutes – Use of Force - 28-1406 to 28-1416 i. Self Defense - Ability, Opportunity and Intent ii. NE State Statute - 28-1406 - Terms, defined iii. NE State Statute - 28-1407 - Possession of a defaced firearm; penalty. iv. NE State Statute - 28-1408 - Public duty; execution v. NE State Statute - 28-1409 - Use of force in self-protection. vi. NE State Statute - 28-1410 - Use of force for protection of other persons. vii. NE State Statute - 28-1411 - Use of force for protection of property. viii. NE State Statute - 28-1412 - Use of force in law enforcement. ix. NE State Statute - 28-1413 - Use of force by person with special responsibility for care x. NE State Statute - 28-1414 - Mistake of law; reckless or negligent use of force. xi. NE State Statute - 28-1415 - Justification in property crimes. xii. NE State Statute - 28-1416 - Justification an affirmative defense; civil remedies unaffected. b. Terroristic threats – 28-311.01 c. Assault 1st - 3rd Degree 28-308 to 28-310 i. NE State Statute - 28-308 - Assault in the first degree; penalty. ii. NE State Statute - 28-309 - Assault in the second degree; penalty. iii. NE State Statute - 28-310 - Assault in the third degree; penalty. d. Federal Law – Title 18 and 27 USC VIII. Section 8 - Training Objectives a. Nebraska CCH Written Test i. Scoring 21/30 to Pass b. Nebraska CCH Shooting Test i. Range Rules ii. FBI-Q Target iii. Scoring 21/30 to Pass / Rounds fired iv. Distances Safety and Classroom Safety • No loaded firearms are permitted in any training area. • No live ammunition shall be permitted in the classroom. • Firearms shall be inspected by the instructor before qualification and remain unloaded until the instructor informs students otherwise. • Eye and ear protection shall be worn while at the range. • Firearms used for training purposes other than qualification on a range shall be unloaded and inspected by the instructor teaching the class. (If available, a second instructor or a student knowledgeable about firearms shall also inspect the firearm.) • Being under the influence of alcoholic beverages or drugs is prohibited • No “horseplay” while in class or on the range. • Students will follow all commands given by the instructor. • When on the range, all firearms will be benched or holstered, unless told otherwise by the instructor. • Adhere to The four safety rules at all times. • If “cease-fire” is called all shooters will immediately stop firing, keep their firearms pointed downrange and listen for further instructions from the instructor. Anyone may yell “cease-fire” if they observe an unsafe act. • Violations of these rules may result in your dismissal from the class. Section #1 Training Objectives Demonstrate through written testing knowledge of ways to avoid a criminal attack and to defuse or control a violent confrontation to include: Conflict Resolution, Situational awareness and avoiding criminal attacks. Conflict Resolution - Avoid and De-escalate Confrontations As a license holder, never act in ways that could escalate to a deadly encounter. For example, what could happen if you become involved in a “road rage” incident and use your firearm, even if you weren’t the first person to use force? At the very least your actions leading up to the event will be looked at with great scrutiny. If your behavior could be viewed as having provoked the event, you could even lose your ability to argue it was legal self-defense. If you become involved in a confrontation, attempt to de-escalate the situation. Avoid engaging in a power struggle, and remember that arguing with an enraged person is seldom successful. Instead, try to avoid becoming emotionally involved. Maintain or increase your distance from the other person while speaking in a slow, firm, respectful, and controlled voice. If it is safe to leave, do so immediately. If you are unable to escape the situation, maximize your distance, attempt to reduce the other person’s anger over a period of time, and avoid reacting to inflammatory insults. If you find yourself in a conflict, do everything possible to de-escalate the situation. Many conflicts can be resolved with simple communication and swallowing a bit of pride. If someone confronts you in anger, simply tell them you don’t want trouble and leave as soon as possible. Situational awareness Always be aware of your surroundings, this is one of the best ways to avoid a criminal attack. You won't be shocked and surprised that you didn't see it coming and were able to make your escape ahead of time. In your everyday activities, be mentally awake and aware of your surroundings. If you are “switched on” you are much more likely to successfully recognize, avoid, and if necessary, confront danger. Sufficient awareness may allow you to recognize potential danger in time to avoid it. Trust your intuition. If you sense that a situation is uncomfortable or potentially dangerous, leave! Modes of Awareness – Color Code System • White - No perceived threat, completely unaware (watching TV, daydreaming, sleeping) • Yellow - Functioning in public, aware of surroundings (driving to work, shopping, conversation) • Orange - Alert, perceived specific threat or situation (someone or something grabs your attention, possible danger, suspicious person) • Red - Focused, reacting to actual threat (someone is actually threatening or attacking you and you are responding or are ready to respond if necessary) Avoiding criminal attacks Whenever possible, completely avoid situations or events that are frequent precursors to violence. You’re much safer when you avoid people with impaired judgment and avoid locations with routine or predictable violence. If you plan to go somewhere so unsafe that you want to take a gun, is it necessary to go there at all, even if you are armed? It’s foolish to intentionally place yourself in a situation where you might have to shoot someone. • Don’t walk or jog early in the morning or late at night when the streets are deserted. • When out at night, try to have a friend walk with you. • Carry only the money you’ll need on a particular day. • Don’t display your cash or any other inviting targets such as pagers, cell phones, hand-held electronic games, or expensive jewelry and clothing. • If you think someone is following you, switch directions or cross the street. If the person continues to follow you, move quickly toward an open store or restaurant or a lighted house. Don’t be afraid to yell for help. • Try to park in well-lighted areas with good visibility and close to walkways, stores, and people. • Make sure you have your keys out as you approach your door. • Always lock your car, even if it’s in your own driveway; never leave your motor running. • Do everything you can to keep a stranger from getting into your car or to keep a stranger from forcing you into his or her car. • If a dating partner has abused you, do not meet him or her alone. Do not let him or her in your home or car when you are alone. • If you are a battered spouse, call the police or sheriff immediately. Assault is a crime, whether committed by a stranger or your spouse or any other family member. If you believe that you and your children are in danger, call a crisis hotline or a health center (the police can also make a referral) and leave immediately. • If someone tries to rob you, give up your property - don’t give up your life. • If you are robbed or assaulted, report the crime to the police. Try to describe the attacker accurately. Your actions can help prevent someone else from becoming a victim. _ Section #2 Training Objectives Demonstrate through written testing and practical application knowledge and safe handling of a handgun to include: Firearm’s Safety rules, Handgun nomenclature (general), Firearm safeties and their uses, Loading and unloading of the handgun, Concealed carry techniques Firearm’s Safety rules The Primary causes of firearms related accidents: Ignorance - Not knowing what you don't know. Carelessness - Failing to follow basic firearm safety rules. Elements of Firearms Safety Positive Attitude - You must be willing to learn and an eager student Knowledge - Seek out learning opportunities The Four Firearm Safety Rules: 1. Treat all firearms as if they are loaded. 2. Always keep your finger off the trigger until your sights are on target and you have made the decision to fire. 3. Never point a firearm at anything you are not willing to destroy. 4. Before the decision to fire, be sure of your target and what is beyond. Other Safety Rules / Range Safety Rules: 1. Know your target and what is beyond. 2. Know how to use the firearm safely. 3. Be sure the firearm is safe to operate. 4. Use only the correct ammunition for your firearm. 5. Wear eye and ear protection as appropriate. 6. Never use alcohol or drugs before or while shooting. 7. Store all firearms so they are not accessible to unauthorized persons, i.e. children, restricted persons, etc. 8. Never handle a handgun in an emotional state such as anger or depression. 9. Keep the firearm unloaded until ready for use. Parents shouldn't count on their child simply knowing what to do if they find a gun. Much to their parent's surprise, one study found that most kids who find a gun will handle it, many will even pull the trigger, being unsure if the gun is real or a toy. Handgun nomenclature (General) Frame – The frame of the revolver and semi-automatic is the backbone to which all other parts are attached: Grip Panels – Grip portion of the frame Backstrap – Rear vertical portion of frame Trigger Guard – Trigger protection to reduce unintentional firing Front and Rear Sights - Aiming Barrel – The barrel is a metal tube through which a bullet passes on its way to a target. Bore – Inside of the Barrel Rifling – Combination of lands and groove which adds flight stability, accuracy, and distance to bullet Caliber – The distance between the lands, is what determines the caliber for any firearm. 9mm etc. Revolver Components Trigger – When the trigger is pulled, it activates the hammer, which in turn causes the firing pin to strike and fire the cartridge. Cylinder – Holds cartridges in individual chambers arranged in a circular pattern. Each time the hammer moves to the rear, the cylinder turns and brings a new chamber in line with the barrel and the firing pin. Cylinder Release latch - Releases the cylinder and allows it to swing out so that cartridges can be loaded and unloaded. Types of Revolver Actions Single Action – Trigger performs only one action, releases the hammer, firing the pistol. Double Action – Trigger performs two tasks. Cocks and releases the hammer, firing the pistol. Double Action Only - (DOA) - Defensive revolvers typically with no exposed hammer. Three types of semi-auto actions Single Action – The trigger performs a single task, releasing the external hammer or the internal firing mechanism so that the firing pin hits the cartridge. A 1911 pattern handgun is an example of a Single Action Semi-Auto. Double/Single Action – The trigger performs two tasks. It cocks the external hammer or the internal firing mechanism for the first shot, and also releases the external hammer or the internal firing mechanism. After the first shot is fired, the movement of the slide on ejection of the spent cartridge will cock the external hammer or internal firing mechanism. With these mechanisms cocked, all successive shots will be single action. A Sig 229 is an example of this type of Semi-Auto Double Action Only – The trigger will cock and release the external hammer or internal firing mechanism on the first shot and all successive shots. Glock, XD's S&W M&P line fall into this category, and another term for these types of handguns are “Striker Fired”. Firearm safeties and their uses Before semi-auto handguns became common place, revolvers were the most commonly carried firearm by law enforcement. Revolvers have no mechanical safeties to engage or disengage. The heavy trigger pull of a revolver "helps" prevent a negligent discharge. As handguns transitioned to Semi-Automatic handguns, some were designed with safeties. Any safety is a mechanical device and therefore has the possibility of failure. Never trust a mechanical safety to be 100% reliable. They can and have failed. Glocks are now commonly carried by law enforcement and have no mechanical safety to disengage prior to firing it. This made the transition from revolvers to Semi-Auto handguns more straight forward. Taking off a mechanical safety is one more step that may be difficult to do under stress if not trained properly. Keeping your finger off the trigger and your muzzle pointed in a safe direction are the best "safeties". These statements are used to make an excuse for unsafe acts with a firearm. “It’s not loaded” or “The Safety is on.” Loading and unloading of the handgun To unload a revolver, perform the following actions. Remember to keep the revolver pointed in a safe direction with your finger outside the trigger guard. 1. Activate the cylinder release. (Depending on your model, it may need to be pushed forward, pulled back, or pressed inward.) 2. Swing the cylinder out of the revolver. This will make the rear of the cylinder visible. 3. Visually and physically examine the cylinder chambers for ammunition. Look into each cylinder. Feel the rear of the cylinder to confirm no ammunition is present. 4. If cartridges are present, point the revolver up and press down sharply on the ejector rod. This extracts and ejects cartridges in the cylinder. Re-examine the chambers to confirm all of them are empty. To unload a pistol, perform the following actions. Remember to keep the pistol pointed in a safe direction with your finger outside the trigger guard. 1. Press the magazine release and remove the magazine. (The magazine release is usually just behind the trigger guard, although a few pistols locate this at the bottom of the magazine.) Set the magazine aside. 2. Pull the slide to the rear while keeping your hand away from the ejection port. Lock the slide to the rear using the slide stop. If a round was in the chamber, it should have been extracted from the chamber and ejected from the gun. 3. Visually and physically examine the chamber of the barrel for the presence of a cartridge. 4. Look into the chamber. Feel that the magazine has been removed and the chamber is empty. Classroom Demonstration of Revolver loading and unloading Classroom Demonstration of Semi-Auto loading and unloading Concealed Carry Techniques The most important component about carrying a firearm on a daily basis is carrying in a holster that covers the trigger guard. There are many different types of holsters. Waistband Holsters - The waistband is an easy-to-reach location and a good belt helps support the handgun’s weight. Most of these holsters require some sort of covering garment. Inside the waistband (IWB) and outside the waistband (OWB) are the two main types. Ankle Holsters - As their name implies, this type of holster is concealed on the ankle. One safety consideration to keep in mind when choosing this option is that you will be unable to move while drawing the firearm. In Clothing Holsters - Handguns may be concealed in special holsters worn under the shirt. Examples include belly bands with integral holsters, specialized undershirts, or holsters secured to a bra. One possible concern is that many of these holsters require two hands to draw the weapon. Pocket Holsters - Safe pocket carry requires the use of a holster to protect the trigger and keep the handgun properly oriented for a smooth draw. Do not put anything except the handgun and holster in that pocket. When you are seated you may have limited access to front pants pockets. Shoulder holsters - These harnesses suspend a holster under the arm, resulting in a few unique safety considerations. Do not point the weapon at bystanders or yourself while drawing. Because the weapon is carried butt-forward, it may be more difficult to retain in a struggle. Those who choose to carry in a purse or off body should still try to find a combination of bag and holster that will hold the firearm securely. It is dangerous to carry firearms stuck in waistband without holster, or in pocket or purse with other items; things tend to get wedged against the trigger. Drawing from a holster 1. Grip - Support hand to chest and strong hand acquires a proper grip on the firearm. Support side hand may need to clear cover garment depending on the mode of carry. 2. Clear - the holster (or purse, desk drawer, table, etc.) 3. Rotate - the firearm is rotated so the muzzle points toward the threat and support hand. 4. Join - Begin moving the firearm out in front of your body and join your support hand to the gun for a proper two handed grip. This two handed grip should be relatively close to your body. Sometimes called "compressed ready" or "high ready". 5. Extend - Continue the extension of your arms forward into shooting position while aligning your sights, directing your focus toward the front sight post, the target becomes slightly blurred in the background. This is sometimes also referred to as "punching" the gun out toward the target. Your draw will become smoother and in one fluid motion with practice where the individual steps are not even noticed. _ Section #3 Training Objectives Demonstrate through written testing and practical application knowledge and safe handling of handgun ammunition to include: Nomenclature of ammunition, Use factory new vs. reloaded ammunition, Inspection of ammunition, Identifying misfires and squib loads, avoiding lead contamination Nomenclature of ammunition Components of a Cartridge: Case – Metal cylinder (usually made of brass) that is closed on one end and contains other components such as primer, powder and bullet. Primer – An impact sensitive chemical compound used for ignition. Rimfire – The primer is contained in the inside rim of the case’s base. Centerfire – The primer is contained in a small metal cup, and is located in the center of the case’s base. Powder Charge – A fast burning chemical compound used as a propellant, and is contained inside the body of the case. Bullet – A projectile, usually made of lead and sometimes covered with a layer of copper or other metal, and is located at the mouth of the case. There are several types of bullets but the two most common types are Full Metal Jackets (FMJ) used for target practice and Jacketed Hollow Points (JHP) used for self-defense. Proper cartridge identification is necessary to ensure the correct ammunition is loaded into the pistol. The cartridge designation is: • Marked on the Pistol • Stamped on the head on the cartridge case (HEADSTAMP) • Printed on the Factory Ammunition box Use factory new vs. reloaded ammunition Reloaded ammunition is fine for practice but it is not recommended that you carry reloaded ammunition for personal defense. The prosecuting attorney "may" place focus on your reloaded ammunition if you are ever forced to defend yourself. Carrying quality factory self-defense ammunition eliminates this worry. Factory ammunition is typically more reliable than reloaded ammunition and extensive testing by the manufacture has been performed ensuring quality and performance. Self Defense Ammunition Things to consider when choosing self defense ammunition. Reliability – The ability of a firearm to consistently chamber, fire, extract, and eject a particular load without malfunctions. Controllability – The ability to fire multiple rounds and still manage recoil and maintain accuracy. Stopping Power – The ability of a cartridge to quickly incapacitate an assailant or otherwise cause an assailant to stop his attack. Accuracy – Ability of the gun and ammunition combination to shoot to the point of aim indicated by the sights. Muzzle Flash – When in excess it will impair night vision and illuminate your position. Hollow-points - They open up and expand in diameter upon impact. This more efficiently transfers energy and also prevents over penetration or complete penetration that could endanger the lives of others. Practice Ammunition (Full Metal Jacket) Non-expanding type – Typically full metal jacket, Involves greater penetration of target Reduced powder charge – More manageable recoil Reduced costs Inspection of ammunition Keep ammunition from acids, salts, and other chemicals that can cause corrosion. Never submerge in water or expose to any solvents, petroleum products, bore cleaner, ammonia or other chemicals. These chemicals can penetrate the cartridge and cause the primer or the powder to deteriorate. Rotate your defensive ammunition when carried for long periods of time in your handgun, especially in hot and humid climates. Thoroughly inspect ammunition for any corrosion, missing or upside down primers or bulged cases. If you find ammunition with any of these symptoms dispose of it properly. Other Ammunition safety guidelines 1. Always keep ammunition in the factory box or a container that can be properly labeled. 2. Store ammunition in a cool dry place free from extreme temperature variation. 3. Store ammunition separately from guns and not accessible from unauthorized persons, especially children. Identifying misfires and squib loads WARNING - Never fire a subsequent shot after a malfunction. Keep barrel pointed down range for at least 30 seconds. Ammunition Malfunctions • Misfire • The cartridge does not fire after the primer is struck by the firing pin. • Wait 30 Seconds with gun pointed downrange, then unload. • Hang fire • A perceptible delay in the ignition after the primer has been struck, this is the reason we wait 30 seconds and keep the muzzle pointed down range. A HANGFIRE COULD OCCUR! • Squib Load • A Squib Load is the development of less than normal pressure or velocity after ignition of the cartridge. The result is usually a bullet stuck in the barrel. Firing another shot with a bullet stuck in the barrel is extremely dangerous and will likely result in serious injury and/or damage. A squib is usually due to a case not having powder in it. The danger comes when the bullet fails to leave the barrel. Inexperienced shooters often fail to notice the lack of recoil and gunshot. Since the action did not cycle, they will perform an immediate action drill and probably fire another round. Best case scenario will be the round travels partially down the barrel before stopping at the first bullet stuck in the barrel. This will result in a bulged barrel and make disassembly difficult. Worse case will be the over pressure in the barrel will result in a catastrophic failure of the barrel/slide assembly which can lead to serious injury. Avoiding Lead Contamination Never eat, drink or smoke while shooting. This could expose you to excessive levels of lead. Wash your hands with cold water and soap NOT warm water as this opens the pores and could increase your lead exposure. See D-Lead branded soap available for sale online made for this purpose. Shooting inside holds a greater risk of lead exposure than shooting outside. Check with your doctor concerning lead exposure symptoms. Early Signs and Symptoms of Lead Poisoning - Fatigue, Headache, Uneasy Stomach, Poor Appetite, Sleeplessness, Metallic Taste, Irritability and Nervousness. In conventional ammunition, both the primer and the core of the bullet contain lead. Exposure to lead dust occurs during loading of ammunition, target shooting and gun cleaning. _ Section #4 Training Objectives Demonstrate through written testing knowledge of proper storage practices for handguns and ammunition, including storage practices which would reduce the possibility of accidental injury to a child to include: Use of safes, Various handgun locking devices, Separate storage of handguns and ammunition Cleaning and maintenance of handguns and State Statues 28-1204 to 28-1204.01 Nebraska Statute 28-1204.04 (g) States your handgun, when stored in your vehicle, must be locked inside the glove box, trunk, or other compartment of the vehicle or a storage box securely attached to the vehicle. If the vehicle is a motorcycle, it must be in a hardened compartment securely attached to the motorcycle. Childeren have injured themselves and others gaining access to guns in cars when a parent was just “running in for a second” Lock it up to avoid tragedy. Use of safes Guns safes are an excellent choice to secure firearms. Many large safes are fire resistant and hold multiple long guns and hand guns in one secure place. DO NOT leave keys or combinations laying around as children may gain access to the safe. Various handgun locking devices Most guns sold today come with a simple cable lock. This lock should go though the action and magazine well of a semi-auto pistol and though the barrel with the cylinder open of a revolver to secure the handgun. Trigger locks go through the trigger guard to prevent the trigger from being pulled. Lock boxes with button access patterns balance ease of access in case of an emergency while at the same time keeping the gun locked up and out of reach of a child. Separate storage of handguns and ammunition Storing firearms and ammunition separately adds and extra level of security. With both components locked up, an unauthorized user would need to breach two layers of security. As with other types of child safety, these layers of protection are the best way to protect children from accidentally finding a loaded gun, or finding an unloaded gun and find the ammunition and loading it themselves. Too many tragedies’ occur when children find an unsecured firearm and shoot themselves, a family member, or a friend. See http://www.projectchildsafe.org/ for information on free gun locks in your area. Other steps you can take to ensure gun safety include: • Use a gun trigger lock. • Make sure that your children do not have access to the keys used to lock your guns and ammunition. • Teach your children to not handle guns without adult supervision. • Avoid letting your children play with realistic toy guns. • Store firearms unloaded • Always store guns in a locked cabinet or safe. Don’t try to hide a gun in the house thinking that a child will never find it. • Tell your child that a firearm isn’t a toy. Instruct children that if they find a gun, they shouldn’t touch it—they should stay away from it and tell an adult immediately. • Lead by example, since actions speak louder than words. Young children learn by watching, so when you handle your gun responsibly your child will develop good safety habits. Kids should also know the 4 steps of the Eddie Eagle gun safety program, including: • Stop! • Don't Touch. • Leave the Area. • Tell an Adult. Most firearm accidents in the home can be prevented simply by making sure that firearms are kept unloaded, safely stored in a locked container or with a locking device and ensure ammunition is secured in a separate location. Cleaning and maintenance of handguns Keep your handgun clean and maintained, your life may depend on it. Reference your handgun owner’s manual for the manufacturer’s recommended cleaning, lubrication and maintenance steps. Steps to clean a handgun: Make sure the firearm is UNLOADED. Keep ammo FAR away from the cleaning area. Field strip the firearm – See your firearm instruction manual for the steps. Run a bore brush with solvent down the barrel about 10 to 15 times. Remove the bore brush and attach a cleaning patch holder. Dip a patch in bore solvent and run it through the bore several times. Attach a clean, dry patch to the cleaning rod and run through the bore several times. Inspect the patch, if it is dirty, repeat with the patches, bore solvent and dry patches until the dry patches come out clean. Run a lightly oiled patch through the barrel. (If cleaning a revolver, repeat for all of the cylinders). Wipe down any accessible internals in the gun. Wipe the outside of the handgun with a clean cloth and light coat of gun oil. Lubricate the handgun in the specified areas identified in the owner’s manual of your specific firearm. Reassemble and check the firearm for proper function. State Statues 28-1204 to 28-1204.01 It is against Nebraska law for a person under the age of 18 to be in possession of a handgun. There are some exceptions noted in the statutes. Juveniles using firearms under close adult supervision or members of the Armed Forces or ROTC. It is also unlawful to transfer or give a handgun to a person under the age of 18 unless for supervised shooting or part of an education program. PLEASE NOTE THE FULL TEXT OF THESE STATUTES LATER IN THIS MANUAL. 28-1204. Unlawful possession of a handgun; exceptions; penalty. 28-1204.01. Unlawful transfer of a firearm to a juvenile; exceptions; penalty; county attorney; duty. Section #5 Training Objectives Demonstrate through written testing and practical application safe handgun shooting fundamentals to include: Stance, Grip, Sight alignment, Trigger control, Breathing and Follow through Stance The most generally useful position is the two-handed, armed stance, sometimes called the Isoceles stance. You should face the target, grip the pistol with both hands and extend your arms straight out in front of your body. Try for a relaxed stance, shoulders forward of your hips, knees slightly bent. Isosceles stance This position is so named because in this position your extended arms when seen from above resemble an isosceles triangle. Feet are placed shoulder width apart. Feet and shoulders are square to the target. Knees are slightly bent with weight slightly forwards on the balls of the feet. Two-handed grip of the gun with the arms extended forward and the elbows slightly bent. The head is erect, not hunched and shoulders are at normal height. The firearm is lifted to the level of the eyes for aiming. This is a more instinctive and natural position for most shooters. Weaver stance This stance was developed by former Los Angeles County Deputy Sheriff Jack Weaver. Feet are positioned in a boxer stance with the strong foot rearward. The weak shoulder is angled toward the target. The knees are flexed and the body weight is carried slightly forward, on the balls of the feet. The elbows are bent downward to bring the gun closer to the body than the isosceles. The head is tipped slightly to view the sights. An isometric action is employed between the strong and weak arm for stability. The recoil is absorbed through the bent elbows and isometric pushing and pulling between strong and support hand. Grip You want a grip which lets you hold the pistol firmly and comfortably, line up the sights with your eye and the target, and pull the trigger straight rearwards using the center of the first pad of your trigger finger. Your grip should also transmit recoil straight backwards. The best grip is taken by putting your shooting hand as far up the back strap as it will go, placing your trigger finger against the frame outside the trigger guard, and wrapping your other three fingers around the grip. A two-handed grip is taken by wrapping your non-shooting hand around your shooting hand and squeezing with your non-shooting hand to increase total grip strength. Place your non-shooting thumb alongside your shooting thumb and wrap your non-shooting fingers around your shooting fingers, then squeeze firmly with both hands. Sight alignment This is the most important skill of all of the fundamentals. You must remember to focus your dominant eye on the front sight of the pistol. The rear sight and target should appear blurry and out of focus. Most pistols have a square front post and a square rear notch. The top of the front and rear sights should be on the same horizontal line and there should be an equal amount of visible space through the notch on each side of the aligned front sight. Keeping the sights aligned with each other (maintaining sight picture) is more important than keeping the sights precisely pointed at the target (maintaining point of aim). Trigger control Once the sights are aligned on the target, you must squeeze the trigger to fire the shot, without disturbing the sight alignment. This takes a lot of practice. Generally, you want a smooth, even motion with steadily increasing force, the force exerted straight to the rear. For target shooting your trigger stroke should take one to two seconds - much shorter and you will be jerking the pistol, much longer and you will start trembling. Defensive shooting must be done faster, but still with a squeeze, not a quick jerking motion. Breathing It is nearly impossible to keep your arms stationary while you breathe. So you should take a deep breath, let it mostly out and then hold your breath through the sight alignment and remainder of the shot. Remember to breathe between shots, depriving your body of oxygen will only make your muscles tremble. Follow through To shoot accurately, you must maintain all of the fundamentals above until the bullet has departed the barrel. Continue to focus on maintaining your stance, grip, sight picture, and trigger press before, during, and after the shot sequence. Section #6 Training Objectives Demonstrate through written testing knowledge of federal, state, and local laws pertaining to the purchase, ownership, transportation, and possession of handguns to include: State Statutes – 28-1201 to 28-1212.02 Snowmobiles – 60-6,342 to 60-6,344 Handgun Purchase Permits – 69-2401 to 69-2426 Procedures for contact with Law Enforcement Officers and Emergency Medical Services personnel Required documents - DL or ID card and CCW Permit Locations CCW are not allowed WARNING: Knowing the law is very important because breaking the law could result in fines, civil suits even jail time. A permit holder should seek legal advice to fully grasp and understand their responsibilities and liabilities under the law. Seek out legal counsel, preferably one with an expertise in self-defense law. Ignorance of the law is not a defense. State Statutes – 28-1201 to 28-1212.02 28-1201. Terms, defined. For purposes of sections 28-1201 to 28-1212.04, unless the context otherwise requires: (1) Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon; (2) Fugitive from justice means any person who has fled or is fleeing from any peace officer to avoid prosecution or incarceration for a felony; (3) Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand; (4) Juvenile means any person under the age of eighteen years; (5) Knife means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds; (6) Knuckles and brass or iron knuckles means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles; (7) Machine gun means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger; (8) School means a public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, a public or private college, a junior college, or a university; (9) Short rifle means a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches; and (10) Short shotgun means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches. 28-1202. Carrying concealed weapon; penalty; affirmative defense. (1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon. (b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family. (2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun. (3) Carrying a concealed weapon is a Class I misdemeanor. (4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony. 28-1203. Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception. (1) Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony. (2) The provisions of this section shall not be held to prohibit any act by peace officers, members of the United States armed services, or members of the National Guard of this state, in the lawful discharge of their duties, or persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun. 28-1204. Unlawful possession of a handgun; exceptions; penalty. (1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun. (2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor. (3) Unlawful possession of a handgun is a Class I misdemeanor. 28-1204.01. Unlawful transfer of a firearm to a juvenile; exceptions; penalty; county attorney; duty. (1) Any person who knowingly and intentionally does or attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile commits the offense of unlawful transfer of a firearm to a juvenile. The county attorney shall have a copy of the petition served upon the owner of the firearm, if known, in person or by registered or certified mail at his or her last-known address. (2) This section does not apply to the transfer of a firearm, other than a handgun, to a juvenile: (a) From a person related to such juvenile within the second degree of consanguinity or affinity if the transfer of physical possession of such firearm does not occur until such time as express permission has been obtained from the juvenile's parent or guardian; (b) For a legitimate and lawful sporting purpose; or (c) Who is under direct adult supervision in an appropriate educational program. (3) This section applies to the transfer of a handgun except as specifically provided in subsection (2) of section 28-1204. (4) Unlawful transfer of a firearm to a juvenile is a Class III felony. 28-1204.02. Confiscation of firearm; disposition. Any firearm in the possession of a person in violation of section 28-1204 or 28-1204.01 shall be confiscated by a peace officer or other authorized law enforcement officer. Such firearm shall be held by the agency employing such officer until it no longer is required as evidence. 28-1204.03. Firearms and violence; legislative findings. The Legislature finds that: (1) Increased violence at schools has become a national, state, and local problem; (2) Increased violence and the threat of violence has a grave and detrimental impact on the educational process in Nebraska schools; (3) Increased violence has caused fear and concern among not only the schools and students but the public at large; (4) Firearms have contributed greatly to the increase of fear and concern among our citizens; (5) Schools have a duty to protect their students and provide an environment which promotes and provides an education in a nonthreatening manner; (6) An additional danger of firearms at schools is the risk of accidental discharge and harm to students and staff; (7) Firearms are an immediate and inherently dangerous threat to the safety and well-being of an educational setting; and (8) The ability to confiscate and remove firearms quickly from school grounds is a legitimate and necessary tool to protect students and the educational process. 28-1204.04. Unlawful possession of a firearm at a school; penalty; exceptions; confiscation of certain firearms; disposition. (1) Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event is guilty of the offense of unlawful possession of a firearm at a school. Unlawful possession of a firearm at a school is a Class IV felony. This subsection shall not apply to (a) the issuance of firearms to or possession by members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps or peace officers or other duly authorized law enforcement officers when on duty or training, (b) the possession of firearms by peace officers or other duly authorized law enforcement officers when contracted by a school to provide school security or school event control services, (c) firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor, (d) firearms which may lawfully be possessed by a member of a college or university rifle team, within the scope of such person's duties as a member of the team, (e) firearms which may lawfully be possessed by a person employed by a college or university in this state as part of an agriculture or a natural resources program of such college or university, within the scope of such person's employment, (f) firearms contained within a private vehicle operated by a nonstudent adult which are not loaded and (i) are encased or (ii) are in a locked firearm rack that is on a motor vehicle, or (g) a handgun carried as a concealed handgun by a valid holder of a permit issued under the Concealed Handgun Permit Act in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public and used by a school if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is a motorcycle, a hardened compartment securely attached to the motorcycle while the vehicle is in or on such parking area, except as prohibited by federal law. For purposes of this subsection, encased means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of the firearm exposed. (2) Any firearm possessed in violation of subsection (1) of this section shall be confiscated without warrant by a peace officer or may be confiscated without warrant by school administrative or teaching personnel. Any firearm confiscated by school administrative or teaching personnel shall be delivered to a peace officer as soon as practicable. (3) Any firearm confiscated by or given to a peace officer pursuant to subsection (2) of this section shall be declared a common nuisance and shall be held by the peace officer prior to his or her delivery of the firearm to the property division of the law enforcement agency which employs the peace officer. The property division of such law enforcement agency shall hold such firearm for as long as the firearm is needed as evidence. After the firearm is no longer needed as evidence, it shall be destroyed in such manner as the court may direct. (4) Whenever a firearm is confiscated and held pursuant to this section or section 28-1204.02, the peace officer who received such firearm shall cause to be filed within ten days after the confiscation a petition for destruction of such firearm. The petition shall be filed in the district court of the county in which the confiscation is made. The petition shall describe the firearm held, state the name of the owner, if known, allege the essential elements of the violation which caused the confiscation, and conclude with a prayer for disposition and destruction in such manner as the court may direct. At any time after the confiscation of the firearm and prior to court disposition, the owner of the firearm seized may petition the district court of the county in which the confiscation was made for possession of the firearm. The court shall release the firearm to such owner only if the claim of ownership can reasonably be shown to be true and either (a) the owner of the firearm can show that the firearm was taken from his or her property or place of business unlawfully or without the knowledge and consent of the owner and that such property or place of business is different from that of the person from whom the firearm was confiscated or (b) the owner of the firearm is acquitted of the charge of unlawful possession of a handgun in violation of section 28-1204, unlawful transfer of a firearm to a juvenile, or unlawful possession of a firearm at a school. No firearm having significant antique value or historical significance as determined by the Nebraska State Historical Society shall be destroyed. If a firearm has significant antique value or historical significance, it shall be sold at auction and the proceeds shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. 28-1205. Use of a deadly weapon to commit a felony; possession of a deadly weapon during the commission of a felony; penalty; separate and distinct offense; proof of possession. (1)(a) Any person who uses a firearm, a knife, brass or iron knuckles, or any other deadly weapon to commit any felony which may be prosecuted in a court of this state commits the offense of use of a deadly weapon to commit a felony. (b) Use of a deadly weapon, other than a firearm, to commit a felony is a Class II felony. (c) Use of a deadly weapon, which is a firearm, to commit a felony is a Class IC felony. (2)(a) Any person who possesses a firearm, a knife, brass or iron knuckles, or a destructive device during the commission of any felony which may be prosecuted in a court of this state commits the offense of possession of a deadly weapon during the commission of a felony. (b) Possession of a deadly weapon, other than a firearm, during the commission of a felony is a Class III felony. (c) Possession of a deadly weapon, which is a firearm, during the commission of a felony is a Class II felony. (3) The crimes defined in this section shall be treated as separate and distinct offenses from the felony being committed, and sentences imposed under this section shall be consecutive to any other sentence imposed. (4) Possession of a deadly weapon may be proved through evidence demonstrating either actual or constructive possession of a firearm, a knife, brass or iron knuckles, or a destructive device during, immediately prior to, or immediately after the commission of a felony. (5) For purposes of this section: (a) Destructive device has the same meaning as in section 28-1213; and (b) Use of a deadly weapon includes the discharge, employment, or visible display of any part of a firearm, a knife, brass or iron knuckles, any other deadly weapon, or a destructive device during, immediately prior to, or immediately after the commission of a felony or communication to another indicating the presence of a firearm, a knife, brass or iron knuckles, any other deadly weapon, or a destructive device during, immediately prior to, or immediately after the commission of a felony, regardless of whether such firearm, knife, brass or iron knuckles, deadly weapon, or destructive device was discharged, actively employed, or displayed. 28-1206. Possession of a deadly weapon by a prohibited person; penalty. (1)(a) Any person who possesses a firearm, a knife, or brass or iron knuckles and who has previously been convicted of a felony, who is a fugitive from justice, or who is the subject of a current and validly issued domestic violence protection order and is knowingly violating such order, or (b) any person who possesses a firearm or brass or iron knuckles and who has been convicted within the past seven years of a misdemeanor crime of domestic violence, commits the offense of possession of a deadly weapon by a prohibited person. (2) The felony conviction may have been had in any court in the United States, the several states, territories, or possessions, or the District of Columbia. (3)(a) Possession of a deadly weapon which is not a firearm by a prohibited person is a Class III felony. (b) Possession of a deadly weapon which is a firearm by a prohibited person is a Class ID felony for a first offense and a Class IB felony for a second or subsequent offense. (4)(a)(i) For purposes of this section, misdemeanor crime of domestic violence means: (A)(I) A crime that is classified as a misdemeanor under the laws of the United States or the District of Columbia or the laws of any state, territory, possession, or tribe; (II) A crime that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon; and (III) A crime that is committed by another against his or her spouse, his or her former spouse, a person with whom he or she has a child in common whether or not they have been married or lived together at any time, or a person with whom he or she is or was involved in a dating relationship as defined in section 28-323; or (B)(I) Assault in the third degree under section 28-310, stalking under subsection (1) of section 28-311.04, false imprisonment in the second degree under section 28-315, or first offense domestic assault in the third degree under subsection (1) of section 28-323 or any attempt or conspiracy to commit one of these offenses; and (II) The crime is committed by another against his or her spouse, his or her former spouse, a person with whom he or she has a child in common whether or not they have been married or lived together at any time, or a person with whom he or she is or was involved in a dating relationship as defined in section 28-323. (ii) A person shall not be considered to have been convicted of a misdemeanor crime of domestic violence unless: (A) The person was represented by counsel in the case or knowingly and intelligently waived the right to counsel in the case; and (B) In the case of a prosecution for a misdemeanor crime of domestic violence for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either: (I) The case was tried to a jury; or (II) The person knowingly and intelligently waived the right to have the case tried to a jury. (b) For purposes of this section, subject of a current and validly issued domestic violence protection order pertains to a current court order that was validly issued pursuant to section 28-311.09 or 42-924 or that meets or exceeds the criteria set forth in section 28-311.10 regarding protection orders issued by a court in any other state or a territory, possession, or tribe. 28-1207. Possession of a defaced firearm; penalty. (1) Any person who knowingly possesses, receives, sells, or leases, other than by delivery to law enforcement officials, any firearm from which the manufacturer's identification mark or serial number has been removed, defaced, altered, or destroyed, commits the offense of possession of a defaced firearm. (2) Possession of a defaced firearm is a Class III felony. 28-1208. Defacing a firearm; penalty. (1) Any person who intentionally removes, defaces, covers, alters, or destroys the manufacturer's identification mark or serial number or other distinguishing numbers on any firearm commits the offense of defacing a firearm. (2) Defacing a firearm is a Class III felony. 28-1209. Failure to register tranquilizer guns; penalty. (1) Any person who fails or neglects to register any gun or other device designed, adapted or used for projecting darts or other missiles containing tranquilizers or other chemicals or compounds which will produce unconsciousness or temporary disability in live animals, with the county sheriff of the county in which the owner of the gun or device resides, commits the offense of failure to register tranquilizer guns. (2) Failure to register tranquilizer guns is a Class III misdemeanor. 28-1210. Failure to notify the sheriff of the sale of tranquilizer guns; penalty; record. (1) Any person, partnership, limited liability company, or corporation selling any gun or other device as described in section 28-1209 which fails to immediately notify the sheriff of the county of the sale and giving the name and address of the purchaser thereof and the make and number of the gun or device commits the offense of failure to notify the sheriff of the sale of tranquilizer guns. (2) The sheriff shall keep a record of such sale with the information furnished pursuant to this section. (3) Failure to notify the sheriff of the sale of tranquilizer guns is a Class III misdemeanor. 28-1211. Firearms; purchase, sell, trade, or convey; conditions. The State of Nebraska herewith permits its residents, not otherwise precluded by any applicable laws, to purchase, sell, trade, convey, deliver, or transport rifles, shotguns, ammunition, reloading components or firearm accessories in Nebraska and in states contiguous to Nebraska. This authorization is enacted to implement for this state the permissive firearms sales and delivery provisions in section 922(b), (3)(A) of Public Law 90-618 of the 90th Congress, Second Session. In the event that presently enacted federal restrictions on the purchase of rifles, shotguns, ammunition, reloading components, or firearm accessories are repealed by the United States Congress or set aside by courts of competent jurisdiction, this section shall in no way be interpreted to prohibit or restrict the purchase of shotguns, rifles, ammunition, reloading components, or firearm accessories by residents of Nebraska otherwise competent to purchase same in contiguous or other states. 28-1212. Presence of firearm in motor vehicle; prima facie evidence. The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein. 28-1212.01. Unlawful discharge of firearm; terms, defined. For purposes of sections 28-1212.02 and 28-1212.04: (1) Aircraft means any contrivance intended for and capable of transporting persons through the airspace; (2) Inhabited means currently being used for dwelling purposes; and (3) Occupied means that a person is physically present in a building, motor vehicle, or aircraft. 28-1212.02. Unlawful discharge of firearm; penalty. Any person who unlawfully and intentionally discharges a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited motor home as defined in section 71-4603, or inhabited camper unit as defined in section 60-1801 shall be guilty of a Class ID felony. See Snowmobiles – 60-6,342 to 60-6,344 DO NOT carry your concealed handgun on a snowmobile even with your permit. These statutes make that unlawful in Nebraska. 60-6,342. Snowmobiles; carrying firearms; hunting; unlawful. It shall be unlawful for any person to shoot, take, hunt, or kill or attempt to shoot, take, hunt, or kill any wild animal or bird from or with a snowmobile or for any person to carry or possess any shotgun or rimfire rifle while operating or riding on a snowmobile, or for any person to carry or possess any firearm, bow and arrow, or other projectile device on a snowmobile unless such bow and arrow or projectile device is enclosed in a car carrying case or such firearm is unloaded and enclosed in a carrying case. 60-6,343. Snowmobiles; violations; penalty. (1) Any person who violates any provision of sections 60-6,320 to 60-6,346 or any rule or regulation promulgated pursuant to such sections shall be guilty of a Class III misdemeanor, and if such person is convicted of a second or subsequent offense within any period of one year, he or she shall be guilty of a Class II misdemeanor. (2) Any violation of such sections which is also a violation under any other provision of Chapter 60 may be punished under the penalty provisions thereof. 60-6,344. Snowmobile owner; prohibited acts. It shall be unlawful for the owner of a snowmobile to permit such snowmobile to be operated contrary to the provisions of sections 60-6,320 to 60-6,346 or for purposes of carrying a shotgun or rifle thereon unless such shotgun or rifle is unloaded and encased. Handgun Purchase Permits – 69-2401 to 69-2426 The Nebraska Handgun purchase permit, only gives a Nebraska resident the right to purchase a handgun. It DOES NOT give a Nebraska resident the right to carry the handgun concealed. That is what the concealed handgun permit is for. They are two distinct items. These statutes outline the NE Handgun Purchase permit. 69-2401. Legislative findings and declarations. The Legislature hereby finds and declares that the state has a valid interest in the regulation of the purchase, lease, rental, and transfer of handguns and that requiring a certificate prior to the purchase, lease, rental, or transfer of a handgun serves a valid public purpose. 69-2402. Terms, defined. For purposes of sections 69-2401 to 69-2425: (1) Antique handgun or pistol means any handgun or pistol, including those with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898 and any replica of such a handgun or pistol if such replica (a) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or (b) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; (2) Criminal history record check includes a check of the criminal history records of the Nebraska State Patrol and a check of the Federal Bureau of Investigation's National Instant Criminal Background Check System; (3) Firearm-related disability means a person is not permitted to (a) purchase, possess, ship, transport, or receive a firearm under either state or federal law, (b) obtain a certificate to purchase, lease, rent, or receive transfer of a handgun under section 69-2404, or (c) obtain a permit to carry a concealed handgun under the Concealed Handgun Permit Act; and (4) Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand. 69-2403. Sale, lease, rental, and transfer; certificate required; exceptions. (1) Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate. (2) The certificate shall not be required if: (a) The person acquiring the handgun is a licensed firearms dealer under federal law; (b) The handgun is an antique handgun; (c) The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency; (d) The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the transferor or (ii) within the premises of an established shooting facility; (e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent; (f) The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or (g) The person acquiring the handgun is a peace officer as defined in section 69-2429. 69-2404. Certificate; application; fee. Any person desiring to purchase, lease, rent, or receive transfer of a handgun shall apply with the chief of police or sheriff of the applicant's place of residence for a certificate. The application may be made in person or by mail. The application form and certificate shall be made on forms approved by the Superintendent of Law Enforcement and Public Safety. The application shall include the applicant's full name, address, date of birth, and country of citizenship. If the applicant is not a United States citizen, the application shall include the applicant's place of birth and his or her alien or admission number. If the application is made in person, the applicant shall also present a current Nebraska motor vehicle operator's license, state identification card, or military identification card, or if the application is made by mail, the application form shall describe the license or card used for identification and be notarized by a notary public who has verified the identification of the applicant through such a license or card. An applicant shall receive a certificate if he or she is twenty-one years of age or older and is not prohibited from purchasing or possessing a handgun by 18 U.S.C. 922. A fee of five dollars shall be charged for each application for a certificate to cover the cost of a criminal history record check. 69-2405. Application; chief of police or sheriff; duties; immunity. Upon the receipt of an application for a certificate, the chief of police or sheriff shall issue a certificate or deny a certificate and furnish the applicant the specific reasons for the denial in writing. The chief of police or sheriff shall be permitted up to three days in which to conduct an investigation to determine whether the applicant is prohibited by law from purchasing or possessing a handgun. If the certificate or denial is mailed to the applicant, it shall be mailed to the applicant's address by first-class mail within the three-day period. If it is determined that the purchase or possession of a handgun by the applicant would be in violation of applicable federal, state, or local law, the chief of police or sheriff shall deny the certificate. In computing the three-day period, the day of receipt of the application shall not be included and the last day of the three-day period shall be included. The three-day period shall expire at 11:59 p.m. of the third day unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until 11:59 p.m. of the next day which is not a Saturday, Sunday, or legal holiday. No later than the end of the three-day period the chief of police or sheriff shall issue or deny such certificate and, if the certificate is denied, furnish the applicant the specific reasons for denial in writing. No civil liability shall arise to any law enforcement agency if such law enforcement agency complies with sections 69-2401, 69-2403 to 69-2408, and 69-2409.01. 69-2406. Certificate; denial or revocation; appeal; filing fee. Any person who is denied a certificate, whose certificate is revoked, or who has not been issued a certificate upon expiration of the three-day period may appeal within ten days of receipt of the denial or revocation to the county court of the county of the applicant's place of residence. The applicant shall file with the court the specific reasons for the denial or revocation by the chief of police or sheriff and a filing fee of ten dollars in lieu of any other filing fee required by law. The court shall issue its decision within thirty days of the filing of the appeal. 69-2407. Certificate; contents; term; revocation. A certificate issued in accordance with section 69-2404 shall contain the holder's name, address, and date of birth and the effective date of the certificate. A certificate shall authorize the holder to acquire any number of handguns during the period that the certificate is valid. The certificate shall be valid throughout the state and shall become invalid three years after its effective date. If the chief of police or sheriff who issued the certificate determines that the applicant has become disqualified for the certificate under section 69-2404, he or she may immediately revoke the certificate and require the holder to surrender the certificate immediately. Revocation may be appealed pursuant to section 69-2406. 69-2408. False information on application; other violations; penalties; confiscation of handgun. Any person who willfully provides false information on an application form for a certificate under section 69-2404 shall, upon conviction, be guilty of a Class IV felony, and any person who intentionally violates any other provision of sections 69-2401, 69-2403 to 69-2407, and 69-2409.01 shall, upon conviction, be guilty of a Class I misdemeanor. As a part of the judgment of conviction, the court may order the confiscation of the handgun. 69-2409. Automated criminal history files; legislative intent; system implementation; Nebraska State Patrol; superintendent; duties; purchase, lease, rental, or transfer; election. (1) It is the intent of the Legislature that the Nebraska State Patrol implement an expedited program of upgrading Nebraska's automated criminal history files to be utilized for, among other law enforcement purposes, an instant criminal history record check on handgun purchasers when buying a handgun from a licensed importer, manufacturer, or dealer so that such instant criminal history record check may be implemented as soon as possible on or after January 1, 1995. (2) The patrol's automated arrest and conviction records shall be reviewed annually by the Superintendent of Law Enforcement and Public Safety who shall report the status of such records within thirty days of such review to the Governor and the Clerk of the Legislature. The report submitted to the Clerk of the Legislature shall be submitted electronically. The instant criminal history record check system shall be implemented by the patrol on or after January 1, 1995, when, as determined by the Superintendent of Law Enforcement and Public Safety, eighty-five percent of the Nebraska arrest and conviction records since January 1, 1965, available to the patrol are included in the patrol's automated system. Not less than thirty days prior to implementation and enforcement of the instant check system, the patrol shall send written notice to all licensed importers, manufacturers, and dealers outlining the procedures and toll-free number described in sections 69-2410 to 69-2423. (3) Upon implementation of the instant criminal history record check system, a person who desires to purchase, lease, rent, or receive transfer of a handgun from a licensed importer, manufacturer, or dealer may elect to obtain such handgun either under sections 69-2401, 69-2403 to 69-2408, and 69-2409.01 or under sections 69-2409.01 and 69-2410 to 69-2423. 69-2409.01. Data base; created; disclosure; limitation; liability; prohibited act; violation; penalty. (1) For purposes of sections 69-2401 to 69-2425, the Nebraska State Patrol shall be furnished with only such information as may be necessary for the sole purpose of determining whether an individual is disqualified from purchasing or possessing a handgun pursuant to state law or is subject to the disability provisions of 18 U.S.C. 922(d)(4) and (g)(4). Such information shall be furnished by the Department of Health and Human Services. The clerks of the various courts shall furnish to the Department of Health and Human Services and Nebraska State Patrol, as soon as practicable but within thirty days after an order of commitment or discharge is issued or after removal of firearm-related disabilities pursuant to section 71-963, all information necessary to set up and maintain the data base required by this section. This information shall include (a) information regarding those persons who are currently receiving mental health treatment pursuant to a commitment order of a mental health board or who have been discharged, (b) information regarding those persons who have been committed to treatment pursuant to section 29-3702, and (c) information regarding those persons who have had firearm-related disabilities removed pursuant to section 71-963. The mental health board shall notify the Department of Health and Human Services and the Nebraska State Patrol when such disabilities have been removed. The Department of Health and Human Services shall also maintain in the data base a listing of persons committed to treatment pursuant to section 29-3702. To ensure the accuracy of the data base, any information maintained or disclosed under this subsection shall be updated, corrected, modified, or removed, as appropriate, and as soon as practicable, from any data base that the state or federal government maintains and makes available to the National Instant Criminal Background Check System. The procedures for furnishing the information shall guarantee that no information is released beyond what is necessary for purposes of this section. (2) In order to comply with sections 69-2401 and 69-2403 to 69-2408 and this section, the Nebraska State Patrol shall provide to the chief of police or sheriff of an applicant's place of residence or a licensee in the process of a criminal history record check pursuant to section 69-2411 only the information regarding whether or not the applicant is disqualified from purchasing or possessing a handgun. (3) Any person, agency, or mental health board participating in good faith in the reporting or disclosure of records and communications under this section is immune from any liability, civil, criminal, or otherwise, that might result by reason of the action. (4) Any person who intentionally causes the Nebraska State Patrol to request information pursuant to this section without reasonable belief that the named individual has submitted a written application under section 69-2404 or has completed a consent form under section 69-2410 shall be guilty of a Class II misdemeanor in addition to other civil or criminal liability under state or federal law. 69-2410. Importer, manufacturer, or dealer; sale or delivery; duties. No importer, manufacturer, or dealer licensed pursuant to 18 U.S.C. 923 shall sell or deliver any handgun to another person other than a licensed importer, manufacturer, dealer, or collector until he or she has: (1)(a) Inspected a valid certificate issued to such person pursuant to sections 69-2401, 69-2403 to 69-2408, and 69-2409.01; and (b) Inspected a valid identification containing a photograph of such person which appropriately and completely identifies such person; or (2)(a) Obtained a completed consent form from the potential buyer or transferee, which form shall be established by the Nebraska State Patrol and provided by the licensed importer, manufacturer, or dealer. The form shall include the name, address, date of birth, gender, race, and country of citizenship of such potential buyer or transferee. If the potential buyer or transferee is not a United States citizen, the completed consent form shall contain the potential buyer's or transferee's place of birth and his or her alien or admission number; (b) Inspected a valid identification containing a photograph of the potential buyer or transferee which appropriately and completely identifies such person; (c) Requested by toll-free telephone call or other electromagnetic communication that the Nebraska State Patrol conduct a criminal history record check; and (d) Received a unique approval number for such inquiry from the Nebraska State Patrol indicating the date and number on the consent form. 69-2411. Request for criminal history record check; Nebraska State Patrol; duties; fee. (1) Upon receipt of a request for a criminal history record check, the Nebraska State Patrol shall as soon as possible during the licensee's telephone call or by return telephone call: (a) Check its criminal history records and check the Federal Bureau of Investigation's National Instant Criminal Background Check System to determine if the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law; and (b) Either (i) inform the licensee that its records demonstrate that the potential buyer or transferee is prohibited from receipt or possession of a handgun or (ii) provide the licensee with a unique approval number. (2) In the event of electronic failure or similar emergency beyond the control of the Nebraska State Patrol, the patrol shall immediately notify a requesting licensee of the reason for and estimated length of such delay. In any event, no later than the end of the next business day the Nebraska State Patrol shall either (a) inform the licensee that its records demonstrate that the potential buyer or transferee is prohibited from receipt or possession of a handgun or (b) provide the licensee with a unique approval number. If the licensee is not informed by the end of the next business day that the potential buyer is prohibited from receipt or possession of a handgun, and regardless of whether the unique approval number has been received, the licensee may complete the sale or delivery and shall not be deemed to be in violation of sections 69-2410 to 69-2423 with respect to such sale or delivery. (3) A fee of three dollars shall be charged for each request of a criminal history record check required pursuant to section 69-2410, which amount shall be transmitted monthly to the Nebraska State Patrol. Such amount shall be for the purpose of covering the costs of the criminal history record check. 69-2412. Records; confidentiality; destruction. (1) Any records which are created by the Nebraska State Patrol to conduct the criminal history record check containing any of the information set forth in subdivision (2)(a) of section 69-2410 pertaining to a potential buyer or transferee who is not prohibited from receipt or transfer of a handgun by reason of state or federal law shall be confidential and may not be disclosed by the patrol or any officer or employee thereof to any person. The Nebraska State Patrol shall destroy any such records as soon as possible after communicating the unique approval number, and in any event, such records shall be destroyed within forty-eight hours after the date of receipt of the licensee's request. (2) Notwithstanding the provisions of this section, the Nebraska State Patrol shall only maintain a log of dates of requests for criminal history record checks and unique approval numbers corresponding to such dates for not to exceed one year. (3) Nothing in this section shall be construed to allow the state to maintain records containing the names of licensees who receive unique approval numbers or to maintain records of handgun transactions, including the names or other identification of licensees and potential buyers or transferees including persons not otherwise prohibited by law from the receipt or possession of handguns. 69-2413. Nebraska State Patrol; toll-free telephone number; personnel. The Nebraska State Patrol shall establish a toll-free telephone number which shall be operational seven days a week between 8 a.m. and 10 p.m. for purposes of responding to requests under section 69-2410. The Nebraska State Patrol shall employ and train such personnel as is necessary to expeditiously administer the provisions of sections 69-2410 to 69-2423. 69-2414. Records; amendment; procedure. Any person who is denied the right to purchase or receive a handgun as a result of procedures established by sections 69-2410 to 69-2423 may request amendment of the record pertaining to him or her by petitioning the Nebraska State Patrol. If the Nebraska State Patrol fails to amend the record within seven days, the person requesting the amendment may petition the county court of the county in which he or she resides for an order directing the patrol to amend the record. If the person proves by a preponderance of the evidence that the record should be amended, the court shall order the record be amended. If the record demonstrates that such person is not prohibited from receipt or possession of a handgun by state or federal law, the Nebraska State Patrol shall destroy any records it maintains which contain any information derived from the criminal history record check. 69-2415. Records; rules and regulations. The Nebraska State Patrol shall adopt and promulgate rules and regulations to ensure the identity, confidentiality, and security of all records and data provided pursuant to sections 69-2410 to 69-2423. 69-2416. Licensed importer, manufacturer, or dealer; compliance not required; when. A licensed importer, manufacturer, or dealer shall not be required to comply with the provisions of subdivision (2) of section 69-2410 and sections 69-2411 to 69-2423 in the event of: (1) Unavailability of telephone service at the licensed premises due to (a) the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises due to the location of such premises or (b) the interruption of telephone service by reason of hurricane, flood, natural disaster, other act of God, war, riot, or other bona fide emergency or reason beyond the control of the licensee; or (2) Failure of the Nebraska State Patrol to comply reasonably with the requirements of sections 69-2410 to 69-2423. 69-2417. Nebraska State Patrol; licensee; liability defense; when. Compliance with sections 69-2410 to 69-2423 shall be a defense by the Nebraska State Patrol and the licensee transferring a handgun in any cause of action under the laws of this state for liability for damages arising from the importation or manufacture, or the subsequent sale or transfer, of any handgun which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of any crime punishable by a term of more than one year. 69-2418. Instant criminal history record check; requirements; exemptions. Sections 69-2410 to 69-2423 shall not apply to: (1) Any antique handgun or pistol; or (2) Any firearm which is a curio or relic as defined in 27 C.F.R. 478.11. 69-2419. Criminal history records; prohibited acts; violation; penalty. Any licensed importer, manufacturer, or dealer who knowingly and intentionally requests a criminal history record check from the Nebraska State Patrol for any purpose other than compliance with sections 69-2410 to 69-2423 or knowingly and intentionally disseminates any criminal history record check information to any person other than the subject of such information shall be guilty of a Class I misdemeanor. 69-2420. False statement; false identification; prohibited acts; violation; penalty. Any person who, in connection with the purchase, transfer, or attempted purchase of a handgun pursuant to sections 69-2410 to 69-2423, knowingly and intentionally makes any materially false oral or written statement or knowingly and intentionally furnishes any false identification intended or likely to deceive the licensee shall be guilty of a Class IV felony. 69-2421. Sale or delivery; violation; penalty. Any licensed importer, manufacturer, or dealer who knowingly and intentionally sells or delivers a handgun in violation of sections 69-2401 to 69-2425 shall be guilty of a Class IV felony. 69-2422. Obtaining handgun for prohibited transfer; violation; penalty. For purposes of sections 69-2401 to 69-2425, any person who knowingly and intentionally obtains a handgun for the purposes of transferring it to a person who is prohibited from receipt or possession of a handgun by state or federal law shall be guilty of a Class IV felony. 69-2423. Nebraska State Patrol; annual report; contents. The Nebraska State Patrol shall provide electronically an annual report to the Judiciary Committee of the Legislature which includes the number of inquiries made pursuant to sections 69-2410 to 69-2423 for the prior calendar year, the number of such inquiries resulting in a determination that the potential buyer or transferee was prohibited from receipt or possession of a handgun pursuant to state or federal law, the estimated costs of administering such sections, the number of instances in which a person requested amendment of the record pertaining to such person pursuant to section 69-2414, and the number of instances in which a county court issued an order directing the patrol to amend a record. 69-2424. Rules and regulations. The Nebraska State Patrol shall adopt and promulgate rules and regulations to carry out sections 69-2401 to 69-2425. 69-2425. City or village ordinance; not preempted. Any city or village ordinance existing on September 6, 1991, shall not be preempted by sections 69-2401 to 69-2425. 69-2426. Dealers of firearms; distribution of information; Firearm Information Fund; created. (1) Dealers of firearms shall distribute to all purchasers information developed by the Department of Health and Human Services regarding the dangers of leaving loaded firearms unattended around children. (2) There is hereby created the Firearm Information Fund. Private contributions shall be credited by the State Treasurer to such fund for the implementation of the provisions of this section. See: http://nebraskalegislature.gov/laws/statutes.php?statute=69-2426 END of Handgun Purchase Permits Section – 69-2401 to 69-2426 Procedures for contact with Law Enforcement Officers and Emergency Nebraska Statute 69-2429 item (4) defines “Peace Officer”. Peace officer means any town marshal, chief of police or local police officer, sheriff or deputy sheriff, the Superintendent of Law Enforcement and Public Safety, any officer of the Nebraska State Patrol, any member of the National Guard on active service by direction of the Governor during periods of emergency or civil disorder, any Game and Parks Commission conservation officer, and all other persons with similar authority to make arrests; NOTE: We must define who a “Peace Officer” is so we know who to disclose our concealed carry status to when they make contact with us. Make sense? Note: You must disclose to a Game and Parks Officer even if they are just checking fishing licenses, as an example. Per Nebraska Statute 69-2440 when a concealed carry permit holder who is carrying a concealed handgun is contacted by a peace officer or by emergency services personnel, the permit holder shall immediately inform the peace officer or emergency services personnel that the permit holder is carrying a concealed handgun. Law Enforcement or emergency services personnel may secure the handgun if it is determined that it is necessary for the safety of any person present, including the peace officer or emergency services personnel. The permit holder shall submit to the order to secure the handgun. Conduct during traffic stops If a police officer stops you while you are driving and armed, follow some common sense rules: (1) Keep your hands visible, preferably on the steering wheel. (2) When asked about firearms in the vehicle, inform the officer that you are armed and that you have a concealed carry handgun license. (3) Follow the officer’s instructions (depending upon the officer and the circumstances, you may or may not be asked to surrender your handgun during the traffic stop). (4) If you are asked to surrender your handgun, be certain that you communicate with the officer clearly regarding how you are to present the handgun, and always remember the four basic safety rules. (5) Do not argue with the officer. If you disagree with the officer’s actions, file a complaint with the officer’s agency at a later time. Surrendering your firearm upon request of law enforcement If a law enforcement officer asks for your firearm, you should ask the officer how it should be presented and then follow those instructions in a safe manner. While the circumstances will determine whether a law enforcement officer can legally seize your firearm, LAW ENFORCEMENT PERSONNEL ARE ALWAYS AUTHORIZED TO REQUEST THAT YOU SURRENDER YOUR FIREARM TEMPORARILY TO ENSURE THEIR OWN SAFETY. If placed under arrest, your handgun will likely be seized and retained by the arresting officer. In Nebraska per Nebraska Statute 69-2440, they may secure the handgun if it is determined that it is necessary for the safety of any person present. If law enforcement determines that the person is not mentally or physically capable of possessing the handgun or is a safety concern or possible threat to others, they will retain the firearm and are required to issue a receipt. See 69-2440 (ii). Medical Services personnel As noted in the above section, Nebraska Statute 69-2440 also covers emergency services personnel so the same applies. You must immediately inform them that you are carrying a concealed handgun if you are able to do so. They may secure the handgun if it is determined that it is necessary for the safety of any person present and are required to turn it over to Law Enforcement as soon as possible. Nebraska Statute 69-2429 item (2) defines “Emergency services personnel”. Emergency services personnel means a volunteer or paid firefighter or rescue squad member or a person licensed to provide emergency medical services pursuant to the Emergency Medical Services Practice Act; NOTE: As with Peace Officers, we must disclose to everyone on the list above who are defined as emergency services personnel, per the Nebraska Statute, if we are able to do so. Required documents - DL or ID card and CCH Permit At all times while carrying a concealed handgun, a permit holder shall carry the following documentation and display it to any peace officer or emergency service personnel upon request: • The concealed handgun permit; and • Nebraska driver’s license, Nebraska-issued state identification card, or military identification card. • Violation of this provision is a Class III misdemeanor for the first offense and a Class I misdemeanor for a second or subsequent offense. Per Nebraska Statute 69-2440 a concealed carry permit holder shall carry his or her permit to carry a concealed handgun and his or her Nebraska driver's license, Nebraska-issued state identification card, or military identification card any time he or she carries a concealed handgun. A concealed carry permit holder shall display both the permit to carry a concealed handgun and his or her Nebraska motor vehicle operator's license, Nebraska-issued state identification card, or military identification card when asked to do so by a peace officer or by emergency services personnel. If the permit holder is physically and mentally capable of possessing the handgun, and the permit holder is not a threat to anyone present, the peace officer or emergency services personnel shall return the handgun to the permit holder before releasing the permit holder from the scene and breaking contact. To review, you must carry your Nebraska Concealed handgun permit AND your Nebraska Driver’s license/ID or military ID at all times when you are carrying concealed. You also must display both ID’s above to any law enforcement officer who asks to see them. Locations CCW are not allowed See the complete Nebraska Statute 69-2441 in this student manual where this list originates. YOU MAY NOT CARRY IN THE FOLLOWING LOCATIONS IN NEBRASKA • Police, sheriff, or Nebraska State Patrol station or office; • Detention facility, prison, or jail; • Courtroom or building containing a courtroom; • Polling place during a bona fide election; • Meeting of the governing body of a county, public school district, municipality, or other political subdivision; • Meeting of the Legislature or a committee of the Legislature; • Financial institutions as defined by Nebraska Revised Statutes § 8-101(12); • Professional or semi-professional athletic event; • School building, school grounds, school-owned vehicle, or school-sponsored activity or athletic event of any public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in Nebraska Revised Statutes § 85-1603, a community college, or a public or private college, junior college, or university; • Place of worship; • Hospital, emergency room, or trauma center; • Political rally or fundraiser; • Establishment having a liquor license which derives over one-half of its income from the sale of alcoholic liquor; • Any place where the carrying or possession of a firearm is prohibited by state or federal law; • Any place or premises or employer owned vehicle where those in control of the place, premises or vehicle have prohibited permit holders from carrying concealed handguns; or • Any other place or premises where handguns are prohibited by state law. A financial institution may authorize its security personnel to carry a concealed handgun while on duty so long as the security personnel have a concealed handgun permit and are in compliance with the law. A place of worship may authorize its security personnel to carry a concealed handgun on its property so long as the security personnel have a concealed handgun permit and are in compliance with the law. If security personnel are so authorized, written notice of such authorization must be given to the congregation and, if the property is leased, it must not be in violation of the terms of the property lease agreement between the place of worship and the lessor. A person, entity, or employer in control of a place or premises described in Section 018.01O above, which is open to the public, may prohibit permit holders from carrying concealed handguns in the place or premises by posting a conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or by making a request, directly or through an authorized representative or management personnel, that the permit holder remove the concealed handgun from the place or premises. State law does not mandate a specific requirement for a sign other than that it be conspicuously posted, however, the Nebraska State Patrol strongly suggests that a standardized format be utilized. The standardized form should contain a four (4) inch circle with a slash covering a handgun and text giving notice that carrying a concealed handgun anywhere on the premises is prohibited. A form will be available on the Nebraska State Patrol website which can be downloaded for printing. The Nebraska State Patrol also strongly recommends that a place or premises wishing to prohibit concealed handguns post the sign at normal eye level at each public entrance to the place or premises. Normal eye level is considered to be between 54” and 66” from the floor. Except as prohibited by federal law, a permit holder may carry a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area which is open to the public and used by any of the places or premises listed in the Section above if the handgun is not removed from the vehicle and the handgun is properly secured in the vehicle before the permit holder exits the vehicle. To be properly secured in the vehicle, the handgun must be locked inside the glove box, trunk or other compartment of the vehicle, in a storage box attached to the vehicle, or in a securely attached hardened compartment if the vehicle is a motorcycle. Employers may prohibit employees or other persons who are permit holders from carrying concealed handguns in vehicles owned by the employer. While state law does not mandate, the Nebraska State Patrol strongly recommends that any establishment having a liquor license which derives over one-half of its income from the sale of alcoholic liquor post the premises with the standardized sign as patrons will have difficulty in determining which establishments with liquor licenses exceed the income limit. Indian Reservations Because each Indian tribe makes rules that apply on its reservation, the handgun regulations on Indian reservations may vary greatly. Some reservations may prohibit non-Indians from carrying guns on the reservations, except with the permission of the tribal council. Therefore, your CCH permit may not be recognized as valid on an Indian reservation. Permit holders are responsible for knowing and complying with firearms regulations on the reservations. Military Bases/Reservations Most military reservations are clearly posted to prohibit the carrying of handguns without the consent of the post or base commander. As with Indian reservations, so long as you remain on state or federal highways that pass through military reservations, your CCH permit will likely be honored in the State where you hold your permit. If your CCH permit is accepted in another state, the same rule would likely apply if you travel on state or federal highways across military reservations in that state. Airports Unless otherwise indicated, persons may possess handguns in an airport except at or beyond security checkpoints. Because airports have been conspicuously posted for many years, most people are aware that they may not carry a firearm past the security check point in U.S. airports. You must check your firearm, unloaded, with your luggage. A CCH permit does not permit you to carry your firearm through the security check point. Check with Airport officials for the proper manner and documentation required in order to check a firearm when flying. Visit http://www.tsa.gov/traveler-information/firearms-and-ammunition for more information. Section #7 Training Objectives Demonstrate through written testing knowledge of federal, state, and local laws pertaining to the use of a handgun, including, but not limited to, use of a handgun for self-defense and laws relating to justifiable homicide and the various degrees of assault: State Statutes – Use of Force - 28-1406 to 28-1416 Terroristic threats – 28-311.01 Assault 1st - 3rd Degree 28-308 to 28-310 Federal Law – Title 18 and 27 USC Nebraska CCH permit Applicability outside of Nebraska Remember that your CCH permit carries no force of law outside Nebraska, unless recognized by another state. Some states will unilaterally recognize Nebraska permits and some states will require formal mutual recognition agreements with Nebraska (i.e., reciprocity agreements.) In addition, Nebraska recognizes permits from some states if they meet Nebraska statutory requirements. NOTE: You are responsible for knowing the gun laws in any state, city, town or county where you carry a gun. Since the laws in all the states constantly change, the recognition list will continue to change. For current information, you should check with the Nebraska Attorney General’s web site at http://www.ago.ne.gov, or see: https://statepatrol.nebraska.gov/media/10073/ccwnebraskareciprocity.pdf Check with the appropriate state, city, town or county before traveling outside Nebraska to learn about new recognition information - such as, whether your CCH permit is recognized currently at your travel destination, and whether a permit from out-of-state is recognized in Nebraska. See also http://www.handgunlaw.us for State information. * Note any and all information posted could be incorrect. Use of Force - 28-1406 to 28-1416 Before using deadly force these three things must be in place. Ability - The person must have the ability to inflict serious bodily harm or death. This ability must be depicted by a deadly weapon (gun, knife, etc.) or the person’s overwhelming physical advantage (size, fighting skills [karate, boxing, etc.]). Opportunity - The person must be in a position in which they can use his/her ability to threaten human life, i.e., a person threatening to kill you with a baseball bat stands 200 feet away. Although this person has the ability, because of the distance he/she is from you, there is no opportunity. Intent - The person must demonstrate, through words and/or deeds that the suspect intends to inflict serious physical injury or death to you or other persons. The intent of the person is sometimes nebulous and will require you to be able to articulate all the surrounding facts, both direct and circumstantial. You may use deadly force to protect yourself or a third person from death, serious bodily injury, kidnapping and sexual assault. A third person would need to be justified in using deadly force for you to be justified in using deadly force on their behalf. See 28-1410 Protection of others Even if justified, you could be faced with a civil lawsuit and be held civilly liable. This is especially true if you were reckless or negligent in any of your actions. As a general rule, you can use force NOT DEADLY FORCE to protect property. If you confront a petty thief and it escalates to deadly force, you could be in trouble. In the case of property, it is best to call the police and let them deal with the situation. If it is not worth dying for, it is not worth killing over either. Do you really want to get into a hand to hand struggle over a copper lawn ornament in your front yard with a possible armed convicted felon? It is not worth it. Let the property go and call the police. 28-1406. Terms, defined. As used in sections 28-1406 to 28-1416, unless the context otherwise requires: (1) Unlawful force shall mean force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status; not amounting to a privilege to use the force; (2) Assent shall mean consent, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm; (3) Deadly force shall mean force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, shall not constitute deadly force; (4) Actor shall mean any person who uses force in such a manner as to attempt to invoke the privileges and immunities afforded him by sections 28-1406 to 28-1416, except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions; (5) Dwelling shall mean any building or structure, though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging; and (6) Public officer shall mean any elected or appointed officer or employee of the State of Nebraska or its political subdivisions, except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions. Nebraska defines serious bodily harm in 28-109 (20): Serious bodily injury shall mean bodily injury which involves a substantial risk of death, or which involves substantial risk of serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body; 28-1407. Justification; choice of evils. (1) Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if: (a) The harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged; (b) Neither sections 28-1406 to 28-1416 nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and (c) A legislative purpose to exclude the justification claimed does not otherwise plainly appear. (2) When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for his conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability. 28-1408. Public duty; execution. (1) Except as provided in subsection (2) of this section, conduct is justifiable when it is required or authorized by: (a) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties; (b) The law governing the execution of legal process; (c) The judgment or order of a competent court or tribunal; (d) The law governing the armed services or the lawful conduct of war; or (e) Any other provision of law imposing a public duty. (2) Sections 28-1409 to 28-1416 shall apply to: (a) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and (b) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law or occurs in the lawful conduct of war. (3) The justification afforded by subsection (1) of this section shall apply: (a) When the actor believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and (b) When the actor believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority. 28-1409. Use of force in self-protection. (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion. (2) The use of such force is not justifiable under this section to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful. (3) The use of such force is not justifiable under this section to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if: (a) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest; (b) The actor has been unlawfully dispossessed of the property and is making a reentry or recapture justified by section 28-1411; or (c) The actor believes that such force is necessary to protect himself against death or serious bodily harm. (4) The use of deadly force shall not be justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat, nor is it justifiable if: (a) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or (b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that: (i) The actor shall not be obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and (ii) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape shall not be obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed. (5) Except as required by subsections (3) and (4) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do, or abstaining from any lawful action. (6) The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can do so, unless the person confined has been arrested on a charge of crime. 28-1410. Use of force for protection of other persons. (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable to protect a third person when: (a) The actor would be justified under section 28-1409 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect; (b) Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and (c) The actor believes that his intervention is necessary for the protection of such other person. (2) Notwithstanding subsection (1) of this section: (a) When the actor would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he shall not be obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person; (b) When the person whom the actor seeks to protect would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and (c) Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in his own. 28-1411. Use of force for protection of property. (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary: (a) To prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible, movable property; Provided, that such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or (b) To effect an entry or reentry upon land or to retake tangible movable property; Provided, that the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession; and provided further, that: (i) The force is used immediately or on fresh pursuit after such dispossession; or (ii) The actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained. (2) For the purposes of subsection (1) of this section: (a) A person who has parted with the custody of property to another who refuses to restore it to him is no longer in possession, unless such property is movable and was and still is located on land in his possession; (b) A person who has been dispossessed of land does not regain possession thereof merely by setting foot thereon; and (c) A person who has a license to use or occupy real property is deemed to be in possession thereof except against the licenser acting under claim of right. (3) The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that: (a) Such request would be useless; (b) It would be dangerous to himself or another person to make the request; or (c) Substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made. (4) The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily harm. (5) The use of force to prevent an entry or reentry upon land or the recapture of movable property is not justifiable under this section, although the actor believes that such reentry or recapture is unlawful, if: (a) The reentry or recapture is made by or on behalf of a person who was actually dispossessed of the property; and (b) It is otherwise justifiable under subdivision (1)(b) of this section. (6) The use of deadly force is not justifiable under this section unless the actor believes that: (a) The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or (b) The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other felonious theft or property destruction and either: (i) Has employed or threatened deadly force against or in the presence of the actor; or (ii) The use of force other than deadly force to prevent the commission or the consummation of the crime would expose the actor or another in his presence to substantial danger of serious bodily harm. (7) The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he can do so with safety to the property, unless the person confined has been arrested on a charge of crime. (8) The justification afforded by this section extends to the use of a device for the purpose of protecting property only if: (a) Such device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm; (b) Such use of the particular device to protect such property from entry or trespass is reasonable under the circumstances, as the actor believes them to be; and (c) Such device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used. (9) The use of force to pass a person whom the actor believes to be purposely or knowingly and unjustifiably obstructing the actor from going to a place to which he may lawfully go is justifiable if: (a) The actor believes that the person against whom he uses force has no claim of right to obstruct the actor; (b) The actor is not being obstructed from entry or movement on land which he knows to be in the possession or custody of the person obstructing him, or in the possession or custody of another person by whose authority the obstructor acts, unless the circumstances, as the actor believes them to be, are of such urgency that it would not be reasonable to postpone the entry or movement on such land until a court order is obtained; and (c) The force used is not greater than would be justifiable if the person obstructing the actor were using force against him to prevent his passage. 28-1412. Use of force in law enforcement. (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor believes that such force is immediately necessary to effect a lawful arrest. (2) The use of force is not justifiable under this section unless: (a) The actor makes known the purpose of the arrest or believes that it is otherwise known by or cannot reasonably be made known to the person to be arrested; and (b) When the arrest is made under a warrant, the warrant is valid or believed by the actor to be valid. (3) The use of deadly force is not justifiable under this section unless: (a) The arrest is for a felony; (b) Such person effecting the arrest is authorized to act as a peace officer or is assisting a person whom he believes to be authorized to act as a peace officer; (c) The actor believes that the force employed creates no substantial risk of injury to innocent persons; and (d) The actor believes that: (i) The crime for which the arrest is made involved conduct including the use or threatened use of deadly force; or (ii) There is a substantial risk that the person to be arrested will cause death or serious bodily harm if his apprehension is delayed. (4) The use of force to prevent the escape of an arrested person from custody is justifiable when the force could justifiably have been employed to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which he believes to be immediately necessary to prevent the escape of a person from a jail, prison, or other institution for the detention of persons charged with or convicted of a crime. (5) A private person who is summoned by a peace officer to assist in effecting an unlawful arrest is justified in using any force which he would be justified in using if the arrest were lawful; Provided, that he does not believe the arrest is unlawful. (6) A private person who assists another private person in effecting an unlawful arrest, or who, not being summoned, assists a peace officer in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, if: (a) He believes the arrest is lawful; and (b) The arrest would be lawful if the facts were as he believes them to be. (7) The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary to prevent such other person from committing suicide, inflicting serious bodily harm upon himself, committing or consummating the commission of a crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace, except that: (a) Any limitations imposed by the other provisions of sections 28-1406 to 28-1416 on the justifiable use of force in self-protection, for the protection of others, the protection of property, the effectuation of an arrest or the prevention of an escape from custody shall apply notwithstanding the criminality of the conduct against which such force is used; and (b) The use of deadly force is not in any event justifiable under this subsection unless: (i) The actor believes that there is a substantial risk that the person whom he seeks to prevent from committing a crime will cause death or serious bodily harm to another unless the commission or the consummation of the crime is prevented and that the use of such force presents no substantial risk of injury to innocent persons; or (ii) The actor believes that the use of such force is necessary to suppress a riot or mutiny after the rioters or mutineers have been ordered to disperse and warned, in any particular manner that the law may require, that such force will be used if they do not obey. (8) The justification afforded by subsection (7) of this section extends to the use of confinement as preventive force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can do so, unless the person confined has been arrested on a charge of crime. 28-1413. Use of force by person with special responsibility for care, discipline, or safety of others. The use of force upon or toward the person of another is justifiable if: (1) The actor is the parent or guardian or other person similarly responsible for the general care and supervision of a minor or a person acting at the request of such parent, guardian, or other responsible person and: (a) Such force is used for the purpose of safeguarding or promoting the welfare of the minor, including the prevention or punishment of his or her misconduct; and (b) Such force used is not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain or mental distress, or gross degradation; (2) The actor is the guardian or other person similarly responsible for the general care and supervision of an incompetent person and: (a) Such force is used for the purpose of safeguarding or promoting the welfare of the incompetent person, including the prevention of his or her misconduct, or, when such incompetent person is in a hospital or other institution for his or her care and custody, for the maintenance of reasonable discipline in such institution; and (b) Such force used is not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme or unnecessary pain, mental distress, or humiliation; (3) The actor is a doctor or other therapist or a person assisting him or her at his or her direction and: (a) Such force is used for the purpose of administering a recognized form of treatment which the actor believes to be adapted to promoting the physical or mental health of the patient; and (b) Such treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his or her parent or guardian or other person legally competent to consent in his or her behalf or the treatment is administered in an emergency when the actor believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent; (4) The actor is a warden or other authorized official of a correctional institution and: (a) He or she believes that the force used is necessary for the purpose of enforcing the lawful rules or procedures of the institution, unless his or her belief in the lawfulness of the rule or procedure sought to be enforced is erroneous and his or her error is the result of ignorance or mistake as to the provisions of sections 28-1406 to 28-1416, any other provision of the criminal law, or the law governing the administration of the institution; (b) The nature or degree of force used is not forbidden by section 28-1408 or 28-1409; and (c) If deadly force is used, its use is otherwise justifiable under sections 28-1406 to 28-1416; (5) The actor is a person responsible for the safety of a vessel or an aircraft or a person acting at his or her direction and: (a) He or she believes that the force used is necessary to prevent interference with the operation of the vessel or aircraft or obstruction of the execution of a lawful order unless such belief in the lawfulness of the order is erroneous and such error is the result of ignorance or mistake as to the law defining such authority; and (b) If deadly force is used, its use is otherwise justifiable under sections 28-1406 to 28-1416; and (6) The actor is a person who is authorized or required by law to maintain order or decorum in a vehicle, train, or other carrier or in a place where others are assembled, and: (a) He or she believes that the force used is necessary for such purpose; and (b) Such force used is not designed to cause or known to create a substantial risk of causing death, bodily harm, or extreme mental distress. 28-1414. Mistake of law; reckless or negligent use of force. (1) The justification afforded by sections 28-1409 to 28-1412 is unavailable when: (a) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and (b) His error is the result of ignorance or mistake as to the provisions of sections 28-1406 to 28-1416, any other provision of the criminal law, or the law governing the legality of an arrest or search. (2) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under sections 28-1408 to 28-1413 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability. (3) When the actor is justified under sections 28-1408 to 28-1413 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons. 28-1415. Justification in property crimes. Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless: (1) Sections 28-1406 to 28-1416 or the law defining the offense deals with the specific situation involved; or (2) A legislative purpose to exclude the justification claimed otherwise plainly appears. 28-1416. Justification an affirmative defense; available in certain civil actions. (1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense. (2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery. See: http://nebraskalegislature.gov/laws/statutes.php?statute=28-1416 END Section Use of Force - 28-1406 to 28-1416 Terroristic threats – 28-311.01 Threatening someone or causing terror or evacuation is a serious crime, be careful what you say. • Drop the weapon or I will defend myself! • I’m going to blow your head off! Which will sound better in a court of law if forced to defend yourself? 28-311.01. Terroristic threats; penalty. (1) A person commits terroristic threats if he or she threatens to commit any crime of violence: (a) With the intent to terrorize another; (b) With the intent of causing the evacuation of a building, place of assembly, or facility of public transportation; or (c) In reckless disregard of the risk of causing such terror or evacuation. (2) Terroristic threats is a Class IV felony. Assault 1st - 3rd Degree 28-308 to 28-310 28-308. Assault in the first degree; penalty. (1) A person commits the offense of assault in the first degree if he or she intentionally or knowingly causes serious bodily injury to another person. (2) Assault in the first degree shall be a Class II felony. 28-309. Assault in the second degree; penalty. (1) A person commits the offense of assault in the second degree if he or she: (a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument; (b) Recklessly causes serious bodily injury to another person with a dangerous instrument; or (c) Unlawfully strikes or wounds another (i) while legally confined in a jail or an adult correctional or penal institution, (ii) while otherwise in legal custody of the Department of Correctional Services, or (iii) while committed as a dangerous sex offender under the Sex Offender Commitment Act. (2) Assault in the second degree shall be a Class III felony. 28-310. Assault in the third degree; penalty. (1) A person commits the offense of assault in the third degree if he: (a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or (b) Threatens another in a menacing manner. (2) Assault in the third degree shall be a Class I misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it shall be a Class II misdemeanor. Note item (b) in the above statute. (b) Threatens another in a menacing manner. You point a gun at someone in a moment of rage without justification. You risk an assault charge. END Assault 1st - 3rd Degree 28-308 to 28-310 Section Federal Law – Title 18 and 27 USC Domestic violence prohibitions, 18 U.S.C. §§ 922(g)(8) and (g)(9) Congress passed the domestic violence-related firearm prohibitions (18 U.S.C. §§ 922(g)(8) and (g)(9)) out of concern for the number of domestic violence assaults that can and do escalate into firearm homicides and out of a hope that keeping domestic violence perpetrators from possessing guns would save the lives of victims of domestic violence. The U.S. Attorney's Office has made a commitment to prosecuting domestic violence-based federal gun violations, including violations of 18 U.S.C. § 922(g)(8) - possession of a firearm by a person under a qualifying protection order, and 18 U.S.C. § 922 (g)(9) - possession of a firearm by a person convicted of a misdemeanor crime of domestic violence. Questions regarding the applicability of these provisions should be referred to an Assistant United States Attorney. Possession of Prohibited Firearms While there are a number of exceptions, federal law prohibits the possession of firearms with obliterated serial numbers and machine guns manufactured after May 19, 1986. See 18 U.S.C. § 922 (k), (o). In addition, unless registered to the possessor in the National Firearms Registration and Transfer Record, it is generally unlawful to possess short-barreled shotguns (defined as one with a barrel length of less than 18" or overall length less than 26"), short-barreled rifles (defined as one with a barrel length of less than 16" or overall length less than 26"), machine guns, silencers, and destructive devices. See 26 U.S.C. §§ 5845, 5861. Penalties for Possessing a Prohibited Firearm The statutory maximum for knowingly possessing a firearm with an altered serial number is five years and/or $250,000. 18 U.S.C. § 924 (a)(1)(B). Under the sentencing guidelines, a defendant with no prior record and one gun would likely receive approximately 15-21 months for possessing a sawed-off shotgun or a firearm with an altered serial number. A defendant with a substantial record including at least one conviction for drug trafficking or a crime of violence is eligible for a sentence of approximately 70-87 months for the same offense. Possessing an unregistered silencer, short barreled rifle, short barreled shotgun, destructive device or a sawed-off shotgun is punishable by a fine of up to $10,000 and/or 10 years in prison. 26 U.S.C. § 5871. For the possession of a machine gun manufactured after May 19, 1986, the statutory maximum is 10 years and/or $250,000. 18 U.S.C. § 924(a)(2). Penalties for Possession by A Prohibited Person Absent sentencing enhancements for armed career criminals, 18 U.S.C. § 924(a)(2) provides that the maximum penalty for most prohibited persons in possession of a firearm is 10 years and $250,000. The outcome in most cases will be determined by the sentencing guidelines. A prohibited person who is found in possession of one gun but who has no prior record will likely receive approximately 15-21 months. A prohibited person with a substantial record that includes one conviction for a crime of violence or drug trafficking is eligible for a sentence of approximately 70-87 months. Armed career criminals receive enhanced penalties in the federal system. This office considers the prosecution of armed career criminals to be of the highest importance. An armed career criminal is a person who has three or more convictions for a serious drug offense or a felony crime of violence, which includes crimes that have, as an element, the use, attempted use or threatened use of physical force against the person of another. A defendant who falls into this category faces a mandatory minimum of 15 years imprisonment under 18 U.S.C. § 924(e). Youth Handgun Safety, 18 U.S.C. § 922(x) The Violent Crime Control Act makes it a federal offense for a juvenile under 18 years of age to knowingly possess a handgun or handgun ammunition. The Act also makes it unlawful to transfer a handgun or handgun ammunition to a person the transferor knows or has reasonable cause to believe is under 18 years of age. The above provisions are subject to a number of exceptions, such as for the armed forces, ranching, farming, hunting and other specified uses. Some exceptions require the juvenile to be in possession of the prior written consent of his or her parent or guardian. The penalty for possession of a handgun or handgun ammunition by a juvenile is probation if the juvenile has never been convicted of an offense or adjudicated a juvenile delinquent for an offense. Otherwise, the maximum penalty for a juvenile is one year of imprisonment. The penalty for an adult who transfers a handgun or handgun ammunition to a juvenile is ordinarily a maximum of one year of imprisonment. However, if the violator knew or had reasonable cause to know that the juvenile intended to possess or use a handgun or ammunition in a crime of violence, the maximum penalty is 10 years imprisonment. SELL, DELIVER OR TRANSFER TO A JUVENILE 18 USC § 922(x)(1). Punishable by up to 1 year imprisonment unless transferor had reason to believe juvenile would commit crime of violence with gun or ammunition, then up to 10 years imprisonment. 18 USC § 922(b). A firearms licensee faces up to 5 years imprisonment. A. May not sell, deliver or transfer a handgun or handgun-only ammunition to a person who is under age 18; B. A person under age 18 may not possess a handgun or handgun-only ammunition; (Certain exceptions apply to A & B, such as where juvenile possesses written permission of a parent.); C. A firearms licensee may not sell any gun or ammunition to anyone under the age of 18 and may not sell a handgun or handgun ammunition to a person under the age of 21. Guns In School, 18 U.S. C. § 922(q)(2)(A) Accordingly, any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone (on school grounds or public property within 1,000 feet of school grounds) violates 18 U.S. C. § 922(q)(2)(A) and faces a maximum of five years imprisonment. See enumerated exceptions listed in § 922(q)(2)(A). NOTE: There are many exceptions to this complex law, firearms in your home if within the 1000 feet distance are allowed. Some states allow concealed carry on school grounds, MOST DO NOT. Firearm Possession Prohibition Federal law (18 U.S.C. § 922[g][1-9]) prohibits certain individuals from possessing firearms, ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a $250,000 fine. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release) makes it mandatory for the Court to revoke supervision for possession of a firearm. Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/transporting, or receiving any firearm or ammunition: (1) a person convicted of a crime punishable by imprisonment exceeding one year; (2) a person who is a fugitive from justice; (3) a person who is an unlawful user of or who is addicted to a controlled substance; (4) a person who has been adjudicated as a mental defective or who has been admitted to a mental institution; (5) an alien who is unlawfully in the United States or who has been admitted to the United States under a nonimmigrant visa; (6) a person who has been discharged from the Armed Forces under dishonorable conditions; (7) a person who, having been a citizen of the United States, renounces his citizenship; (8) a person subject to a court order that was issued after a hearing in which the person participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner’s child, and which order includes a finding that the person is a credible threat to such partner or partner’s child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner’s child; (9) a person who has been convicted of a misdemeanor crime of domestic violence. Possession of a firearm may be either actual or constructive. The latter has been defined as follows: “Constructive possession exists when a person knowingly has the power and intention at a given time of exercising dominion and control over the object or over the area in which the object is locate....” (See U.S. v Booth, et.al. 111 F.3d 2 [1st Cir. September 1997]). If you know the firearm is present in your residence, vehicle, etc., and if it can be shown that you have the ability to access and exercise control over that firearm personally or through another individual, then you could be considered to have constructive possession of the firearm. You would then be subject to new criminal charges and/or revocation of supervision. For these reasons, all firearms are to be removed from your residence during the term of supervision. STOLEN FIREARM, AMMUNITION OR EXPLOSIVE 18 USC §§842(h); 922(i), (j) & (u). Punishable by up to 10 years imprisonment. A. May not receive, possess, conceal, store, pledge or accept as security for a loan, barter, sell or ship or transport across a state line any stolen firearm, ammunition or explosive. B. May not steal or unlawfully take or carry away a firearm from the person or premises of a firearms licensee. 18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities (a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both. (b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both. (1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both. See: http://www.law.cornell.edu/uscode/text/18/930 18 U.S.C. § 922(e) - Shipping firearms & ammunition (e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm. 18 U.S. Code § 926A - Interstate transportation of firearms Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. See: http://www.law.cornell.edu/uscode/text/18/926A 18 U.S.C. § 922(a) - Acquiring firearms from FFL Dealers An individual 21 years of age or older may acquire a handgun from a federally licensed dealer in the same state as the individual's state of residence. An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state. The applicant may not purchase a pistol gripped long gun that does not have a shoulder stock until he or she is 21 years of age. 18 U.S.C. § 924(c) - Use or Carry a Firearm during or in relation to, or Possess a Firearm in Furtherance of, a drug Trafficking crime or Federal crime of Violance - (c) (1)(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime— NOTE: Violator may be sentenced to a term of imprisonment of not less than 5 years and up to life depending on the firearm and other circumstances. Firearm Used in Drug Trafficking or to Commit a Crime of Violence The prosecution of defendants who use a firearm in connection with a crime of violence or with a drug trafficking crime is a priority for this office. A person who "uses or carries" a firearm during or in relation to, or possesses a firearm "in furtherance of," drug trafficking or a crime of violence that can be prosecuted in federal court may receive enhanced penalties under 18 U.S.C. § 924 (c). Most of the cases arising out of this statute have centered on the definitions of "use," carry," and "in furtherance of." In a recent, unpublished First Circuit opinion (United States v. Dolliver, July 2007), the Court found that bartering drugs for firearms was sufficient to prove a violation of §924(c)(1)(A)(i). 18 U.S.C. §924(d) FORFEITURE OF FIREARMS, AMMUNITION & EXPLOSIVES: Authorizes the seizure and forfeiture of firearms, ammunition and explosives involved in criminal offenses. However, strict time limitations are imposed. Consult the ATF or U.S. Attorney’s Office as soon as possible for guidance on forfeiture issues. See Also: https://www.atf.gov/firearms/faq/licensees-conduct-of-business.html http://ne.fd.org/publications/firearms_cheatsheet.pdf http://en.wikipedia.org/wiki/Gun_law_in_the_United_States ======================================================================= Section #8 Training Objectives Demonstrate competency through practical application with a handgun with respect to the minimum safety and training requirements to include firing the qualification course as outlined in the Concealed Carry Regulations by scoring a minimum of 70%. Demonstrate competency through a written test scoring a minimum of 70%. Live Fire Test There is no time Limit on any stage, target is an FBI-Q target 21 out of 30 hits required to pass 3 feet / 1 Yard - 6 Rounds ** Two rounds per command to fire. One (1) repetition must be from a concealed draw** 9 feet / 3 Yards - 12 Rounds ** Two rounds per command to fire. Three (3) repetitions must be from a concealed draw** 15 feet / 5 Yards - 6 Rounds ** Two rounds per command to fire. One (1) repetition must be from a concealed draw** 21 feet / 7 Yards - 6 Rounds ** Two rounds per command to fire. One (1) repetition must be from a concealed draw** Shooting Range Rules o Obey all range rules and the range master/instructor o Stay focused and alert o Use eye and ear protection o Report unsafe acts o Anyone may call “cease fire” if they see any unsafe act. Written Test Applicants must take a written test consisting of a minimum of 30 questions. The Nebraska State Patrol will provide the test questions. A score of 70 percent will be the minimum passing score. How and Where to Apply Nebraska Concealed Handgun Permit Instructions At the time of application you must bring the following items with you: 1. Application for Concealed Handgun Permit (make sure it is signed and notarized, completed and legible) 2. Nebraska Driver’s License, NE State ID or Military ID (You also must supply a statement from a NE licensed Ophthalmologist only if using the state ID or Military ID) 3. Birth Certificate or U.S. Passport 4. Proof of Training (Original certificate from the training class) 5. Cash or Check for $100 made payable to Nebraska State Patrol Fingerprints and photo will be taken at the time of Application. You must apply in person at one of the following Nebraska State Patrol locations: Criminal Identification Office - 3800 N.W. 12th St. – Suite A – Lincoln (Phone: 402-471-4545) (Make an Appointment) Troop A Headquarters - 4411 S. 108th St. – Omaha (Phone: 402-331-3333) Troop B Headquarters - 1401 Eisenhower Avenue – Norfolk (Phone: 402-370-3456) Troop C Headquarters – 3431 Old Potash Highway – Grand Island (Phone: 308-385-6000) Troop D Headquarters – 300 W. South River Road – North Platte (Phone: 308-535-8047) Troop E Headquarters – 4500 Avenue I – Scottsbluff (Phone: 308-632-1211) Please call the office before coming to make an application as the office hours and days available for fingerprinting may vary by location. The vision statement is for those individuals who do not possess a valid Nebraska Driver's License. Vision Statement document: only if using the state ID or Military ID http://statepatrol.nebraska.gov/forms/ccw/CCW_Vision_statement.pdf Application URL: https://statepatrol.nebraska.gov/media/10109/ccwnsp1710application.pdf Rules and Regs: https://statepatrol.nebraska.gov/media/10070/ccwregs.pdf NE State Patrol Concealed Carry - https://statepatrol.nebraska.gov/ConcealedCarry.aspx References www.doj.state.wi.us/sites/default/files/dles/ccw/student-manual.pdf? http://nebraskalegislature.gov/laws/laws.php Nebraska Concealed Handgun Permit Act - 69-2427 to 69-2449 69-2427. Act, how cited. Sections 69-2427 to 69-2449 shall be known and may be cited as the Concealed Handgun Permit Act. Source Laws 2006, LB 454, § 1; Laws 2009, LB430, § 9; Laws 2010, LB817, § 5. See 69-2428. Permit to carry concealed handgun; authorized. An individual may obtain a permit to carry a concealed handgun in accordance with the Concealed Handgun Permit Act. Source - Laws 2006, LB 454, § 2. 69-2429. Terms, defined. For purposes of the Concealed Handgun Permit Act: (1) Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun; (2) Emergency services personnel means a volunteer or paid firefighter or rescue squad member or a person licensed to provide emergency medical services pursuant to the Emergency Medical Services Practice Act; (3) Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand; (4) Peace officer means any town marshal, chief of police or local police officer, sheriff or deputy sheriff, the Superintendent of Law Enforcement and Public Safety, any officer of the Nebraska State Patrol, any member of the National Guard on active service by direction of the Governor during periods of emergency or civil disorder, any Game and Parks Commission conservation officer, and all other persons with similar authority to make arrests; (5) Permitholder means an individual holding a current and valid permit to carry a concealed handgun issued pursuant to the Concealed Handgun Permit Act; and (6) Proof of training means an original document or certified copy of a document, supplied by an applicant, that certifies that he or she either: (a) Within the previous three years, has successfully completed a handgun training and safety course approved by the Nebraska State Patrol pursuant to section 69-2432; or (b) Is a member of the active or reserve armed forces of the United States or a member of the National Guard and has had handgun training within the previous three years which meets the minimum safety and training requirements of section 69-2432. Source Laws 2006, LB 454, § 3; Laws 2007, LB463, § 1177. Cross References Emergency Medical Services Practice Act, see section 38-1201. 69-2430. Application; form; contents; prohibited acts; penalty; permit issuance; denial; appeal. (1) Application for a permit to carry a concealed handgun shall be made in person at any Nebraska State Patrol Troop Headquarters or office provided by the patrol for purposes of accepting such an application. The applicant shall present a current Nebraska motor vehicle operator's license, Nebraska-issued state identification card, or military identification card and shall submit two legible sets of fingerprints for a criminal history record information check pursuant to section 69-2431. The application shall be made on a form prescribed by the Superintendent of Law Enforcement and Public Safety. The application shall state the applicant's full name, motor vehicle operator's license number or state identification card number, address, and date of birth and contain the applicant's signature and shall include space for the applicant to affirm that he or she meets each and every one of the requirements set forth in section 69-2433. The applicant shall attach to the application proof of training and proof of vision as required in subdivision (3) of section 69-2433. (2) A person applying for a permit to carry a concealed handgun who gives false information or offers false evidence of his or her identity is guilty of a Class IV felony. (3)(a) Until January 1, 2010, the permit to carry a concealed handgun shall be issued by the Nebraska State Patrol within five business days after completion of the applicant's criminal history record information check, if the applicant has complied with this section and has met all the requirements of section 69-2433. (b) Beginning January 1, 2010, the permit to carry a concealed handgun shall be issued by the Nebraska State Patrol within forty-five days after the date an application for the permit has been made by the applicant if the applicant has complied with this section and has met all the requirements of section 69-2433. (4) An applicant denied a permit to carry a concealed handgun may appeal to the district court of the judicial district of the county in which he or she resides or the county in which he or she applied for the permit pursuant to the Administrative Procedure Act. 69-2431. Fingerprinting; criminal history record information check. In order to insure an applicant's initial compliance with sections 69-2430 and 69-2433, the applicant for a permit to carry a concealed handgun shall be fingerprinted by the Nebraska State Patrol and a check made of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol. In order to insure continuing compliance with sections 69-2430 and 69-2433 and compliance for renewal pursuant to section 69-2436, a check shall be made of a permitholder's criminal history record information through the National Instant Criminal Background Check System. 69-2432. Nebraska State Patrol; handgun training and safety courses and instructors; duties; certificate of completion of course; fee. (1) The Nebraska State Patrol shall prepare and publish minimum training and safety requirements for and adopt and promulgate rules and regulations governing handgun training and safety courses and handgun training and safety course instructors. Minimum safety and training requirements for a handgun training and safety course shall include, but not be limited to: (a) Knowledge and safe handling of a handgun; (b) Knowledge and safe handling of handgun ammunition; (c) Safe handgun shooting fundamentals; (d) A demonstration of competency with a handgun with respect to the minimum safety and training requirements; (e) Knowledge of federal, state, and local laws pertaining to the purchase, ownership, transportation, and possession of handguns; (f) Knowledge of federal, state, and local laws pertaining to the use of a handgun, including, but not limited to, use of a handgun for self-defense and laws relating to justifiable homicide and the various degrees of assault; (g) Knowledge of ways to avoid a criminal attack and to defuse or control a violent confrontation; and (h) Knowledge of proper storage practices for handguns and ammunition, including storage practices which would reduce the possibility of accidental injury to a child. (2) A person or entity conducting a handgun training and safety course and the course instructors shall be approved by the patrol before operation. The patrol shall issue a certificate evidencing its approval. (3) A certificate of completion of a handgun training and safety course shall be issued by the person or entity conducting a handgun training and safety course to persons successfully completing the course. The certificate of completion shall also include certification from the instructor that the person completing the course does not suffer from a readily discernible physical infirmity that prevents the person from safely handling a handgun. (4) Any fee for participation in a handgun training and safety course is the responsibility of the applicant. Source Laws 2006, LB 454, § 6. 69-2433. Applicant; requirements. An applicant shall: (1) Be at least twenty-one years of age; (2) Not be prohibited from purchasing or possessing a handgun by 18 U.S.C. 922, as such section existed on January 1, 2005; (3) Possess the same powers of eyesight as required under section 60-4,118 for a Class O operator's license. If an applicant does not possess a current Nebraska motor vehicle operator's license, the applicant may present a current optometrist's or ophthalmologist's statement certifying the vision reading obtained when testing the applicant. If such certified vision reading meets the vision requirements prescribed by section 60-4,118 for a Class O operator's license, the vision requirements of this subdivision shall have been met; (4) Not have been convicted of a felony under the laws of this state or under the laws of any other jurisdiction; (5) Not have been convicted of a misdemeanor crime of violence under the laws of this state or under the laws of any other jurisdiction within the ten years immediately preceding the date of application; (6) Not have been found in the previous ten years to be a mentally ill and dangerous person under the Nebraska Mental Health Commitment Act or a similar law of another jurisdiction or not be currently adjudged mentally incompetent; (7)(a) Have been a resident of this state for at least one hundred eighty days. For purposes of this section, resident does not include an applicant who maintains a residence in another state and claims that residence for voting or tax purposes except as provided in subdivision (b) or (c) of this subdivision; (b) If an applicant is a member of the United States Armed Forces, such applicant shall be considered a resident of this state for purposes of this section after he or she has been stationed at a military installation in this state pursuant to permanent duty station orders even though he or she maintains a residence in another state and claims that residence for voting or tax purposes; or (c) If an applicant is a new Nebraska resident and possesses a valid permit to carry a concealed handgun issued by his or her previous state of residence that is recognized by this state pursuant to section 69-2448, such applicant shall be considered a resident of this state for purposes of this section; (8) Not have had a conviction of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar laws of another jurisdiction within the ten years preceding the date of application. This subdivision does not apply to any conviction under Chapter 37 or under any similar law of another jurisdiction, except for a conviction under section 37-509, 37-513, or 37-522 or under any similar law of another jurisdiction; (9) Not be on parole, probation, house arrest, or work release; (10) Be a citizen of the United States; and (11) Provide proof of training. 69-2434. Permit; design and form. The design and form of the permit to carry a concealed handgun shall be prescribed by the Nebraska State Patrol. The permit shall list the permitholder's name, the permitholder's address, and the expiration date of the permit and contain a photograph of the permitholder. Source Laws 2006, LB 454, § 8. 69-2435. Permitholder; continuing requirements; return of permit; when. A permitholder shall continue to meet the requirements of section 69-2433 during the time he or she holds the permit, except as provided in subsection (4) of section 69-2443. If, during such time, a permitholder does not continue to meet one or more of the requirements, the permitholder shall return his or her permit to the Nebraska State Patrol for revocation. If a permitholder does not return his or her permit, the permitholder is subject to having his or her permit revoked under section 69-2439. Source Laws 2006, LB 454, § 9; Laws 2012, LB807, § 3. 69-2436. Permit; period valid; fee; renewal; fee. (1) A permit to carry a concealed handgun is valid throughout the state for a period of five years after the date of issuance. The fee for issuing a permit is one hundred dollars. (2) The Nebraska State Patrol shall renew a person's permit to carry a concealed handgun for a renewal period of five years, subject to continuing compliance with the requirements of section 69-2433, except as provided in subsection (4) of section 69-2443. The renewal fee is fifty dollars, and renewal may be applied for up to four months before expiration of a permit to carry a concealed handgun. (3) The applicant shall submit the fee with the application to the Nebraska State Patrol. The fee shall be remitted to the State Treasurer for credit to the Nebraska State Patrol Cash Fund. (4) On or before June 30, 2007, the Nebraska State Patrol shall journal entry, as necessary, all current fiscal year expenses and revenue, including investment income, from the Public Safety Cash Fund under the Concealed Handgun Permit Act and recode them against the Nebraska State Patrol Cash Fund and its program appropriation. Source Laws 2006, LB 454, § 10; Laws 2007, LB322, § 17; Laws 2012, LB807, § 4. 69-2437. Permit; nontransferable. A permit to carry a concealed handgun shall be issued to a specific individual only and shall not be transferred from one person to another. Source Laws 2006, LB 454, § 11. 69-2438. Limitation on liability. The Nebraska State Patrol or any agent, employee, or member thereof is not civilly liable to any injured person or his or her estate for any injury suffered, including any action for wrongful death or property damage suffered, relating to the issuance or revocation of a permit to carry a concealed handgun issued pursuant to the Concealed Handgun Permit Act. Source Laws 2006, LB 454, § 12. 69-2439. Permit; application for revocation; prosecution; fine; costs. (1) Any peace officer having probable cause to believe that a permitholder is no longer in compliance with one or more requirements of section 69-2433, except as provided in subsection (4) of section 69-2443, shall bring an application for revocation of the permit to be prosecuted as provided in subsection (2) of this section. (2) It is the duty of the county attorney or his or her deputy of the county in which such permitholder resides to prosecute a case for the revocation of a permit to carry a concealed handgun brought pursuant to subsection (1) of this section. In case the county attorney refuses or is unable to prosecute the case, the duty to prosecute shall be upon the Attorney General or his or her assistant. (3) The case shall be prosecuted as a civil case, and the permit shall be revoked upon a showing by a preponderance of the evidence that the permitholder does not meet one or more of the requirements of section 69-2433, except as provided in subsection (4) of section 69-2443. (4) A person who has his or her permit revoked under this section may be fined up to one thousand dollars and shall be charged with the costs of the prosecution. The money collected under this subsection as an administrative fine shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. Source Laws 2006, LB 454, § 13; Laws 2012, LB807, § 5. 69-2440. Permitholder; duties; contact with peace officer or emergency services personnel; procedures for securing handgun. (1) A permitholder shall carry his or her permit to carry a concealed handgun and his or her Nebraska driver's license, Nebraska-issued state identification card, or military identification card any time he or she carries a concealed handgun. The permitholder shall display both the permit to carry a concealed handgun and his or her Nebraska motor vehicle operator's license, Nebraska-issued state identification card, or military identification card when asked to do so by a peace officer or by emergency services personnel. (2) Whenever a permitholder who is carrying a concealed handgun is contacted by a peace officer or by emergency services personnel, the permitholder shall immediately inform the peace officer or emergency services personnel that the permitholder is carrying a concealed handgun. (3)(a) During contact with a permitholder, a peace officer or emergency services personnel may secure the handgun or direct that it be secured during the duration of the contact if the peace officer or emergency services personnel determines that it is necessary for the safety of any person present, including the peace officer or emergency services personnel. The permitholder shall submit to the order to secure the handgun. (b)(i) When the peace officer has determined that the permitholder is not a threat to the safety of any person present, including the peace officer, and the permitholder has not committed any other violation that would result in his or her arrest or the suspension or revocation of his or her permit, the peace officer shall return the handgun to the permitholder before releasing the permitholder from the scene and breaking contact. (ii) When emergency services personnel have determined that the permitholder is not a threat to the safety of any person present, including emergency services personnel, and if the permitholder is physically and mentally capable of possessing the handgun, the emergency services personnel shall return the handgun to the permitholder before releasing the permitholder from the scene and breaking contact. If the permitholder is transported for treatment to another location, the handgun shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the handgun. (4) For purposes of this section, contact with a peace officer means any time a peace officer personally stops, detains, questions, or addresses a permitholder for an official purpose or in the course of his or her official duties, and contact with emergency services personnel means any time emergency services personnel provide treatment to a permitholder in the course of their official duties. Source Laws 2006, LB 454, § 14. Guns and Alcohol don’t mix Per Nebraska Statute 69-2441 (5) a concealed carry permit holder may not have ANY amount of alcohol in their blood, urine or breath. And no controlled substances unless it was in prescribed amounts from a doctor. Concerning guns and alcohol there is ZERO TOLERANCE in Nebraska. Other states have alcohol limits similar to drunk driving and ban carrying concealed at .08 and above. Not so in Nebraska, you cannot have ANY amount in your system. Regardless of any state law, if there is any amount of alcohol in your system after a self-defense situation, your decisions will be scrutinized with the alcohol in mind. 69-2441. Permitholder; locations; restrictions; posting of prohibition; consumption of alcohol; prohibited. (1)(a) A permitholder may carry a concealed handgun anywhere in Nebraska, except any: Police, sheriff, or Nebraska State Patrol station or office; detention facility, prison, or jail; courtroom or building which contains a courtroom; polling place during a bona fide election; meeting of the governing body of a county, public school district, municipality, or other political subdivision; meeting of the Legislature or a committee of the Legislature; financial institution; professional or semiprofessional athletic event; building, grounds, vehicle, or sponsored activity or athletic event of any public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, or a public or private college, junior college, or university; place of worship; hospital, emergency room, or trauma center; political rally or fundraiser; establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor; place where the possession or carrying of a firearm is prohibited by state or federal law; a place or premises where the person, persons, entity, or entities in control of the property or employer in control of the property has prohibited permitholders from carrying concealed handguns into or onto the place or premises; or into or onto any other place or premises where handguns are prohibited by state law. (b) A financial institution may authorize its security personnel to carry concealed handguns in the financial institution while on duty so long as each member of the security personnel, as authorized, is in compliance with the Concealed Handgun Permit Act and possesses a permit to carry a concealed handgun issued pursuant to the act. (c) A place of worship may authorize its security personnel to carry concealed handguns on its property so long as each member of the security personnel, as authorized, is in compliance with the Concealed Handgun Permit Act and possesses a permit to carry a concealed handgun issued pursuant to the act and written notice is given to the congregation and, if the property is leased, the carrying of concealed handguns on the property does not violate the terms of any real property lease agreement between the place of worship and the lessor. (2) If a person, persons, entity, or entities in control of the property or an employer in control of the property prohibits a permitholder from carrying a concealed handgun into or onto the place or premises and such place or premises are open to the public, a permitholder does not violate this section unless the person, persons, entity, or entities in control of the property or employer in control of the property has posted conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or has made a request, directly or through an authorized representative or management personnel, that the permitholder remove the concealed handgun from the place or premises. (3) A permitholder carrying a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public, used by any location listed in subdivision (1)(a) of this section, does not violate this section if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is a motorcycle, a hardened compartment securely attached to the motorcycle. This subsection does not apply to any parking area used by such location when the carrying of a concealed handgun into or onto such parking area is prohibited by federal law. (4) An employer may prohibit employees or other persons who are permitholders from carrying concealed handguns in vehicles owned by the employer. (5) A permitholder shall not carry a concealed handgun while he or she is consuming alcohol or while the permitholder has remaining in his or her blood, urine, or breath any previously consumed alcohol or any controlled substance as defined in section 28-401. A permitholder does not violate this subsection if the controlled substance in his or her blood, urine, or breath was lawfully obtained and was taken in therapeutically prescribed amounts. Source Laws 2006, LB 454, § 15; Laws 2007, LB97, § 1; Laws 2009, LB430, § 12. 69-2442. Injury to person or damage to property; permitholder; report required. Any time the discharge of a handgun carried by a permitholder pursuant to the Concealed Handgun Permit Act results in injury to a person or damage to property, the permitholder shall make a report of such incident to the Nebraska State Patrol on a form designed and distributed by the Nebraska State Patrol. The information from the report shall be maintained as provided in section 69-2444. Source Laws 2006, LB 454, § 16. 69-2443. Violations; penalties; revocation of permit. (1) A permitholder who violates subsection (1) or (2) of section 69-2440 or section 69-2441 or 69-2442 is guilty of a Class III misdemeanor for the first violation and a Class I misdemeanor for any second or subsequent violation. (2) A permitholder who violates subsection (3) of section 69-2440 is guilty of a Class I misdemeanor. (3) A permitholder convicted of a violation of section 69-2440 or 69-2442 may also have his or her permit revoked. (4) A permitholder convicted of a violation of section 69-2441 that occurred on property owned by the state or any political subdivision of the state may also have his or her permit revoked. A permitholder convicted of a violation of section 69-2441 that did not occur on property owned by the state or any political subdivision of the state shall not have his or her permit revoked for a first offense but may have his or her permit revoked for any second or subsequent offense. Source Laws 2006, LB 454, § 17; Laws 2007, LB97, § 2; Laws 2012, LB807, § 6. 69-2444. Listing of applicants and permitholders; availability; confidential information. The Nebraska State Patrol shall maintain a listing of all applicants and permitholders and any pertinent information regarding such applicants and permitholders. The information shall be available upon request to all federal, state, and local law enforcement agencies. Information relating to an applicant or to a permitholder received or maintained pursuant to the Concealed Handgun Permit Act by the Nebraska State Patrol or any other law enforcement agency is confidential and shall not be considered a public record within the meaning of sections 84-712 to 84-712.09. Source Laws 2006, LB 454, § 18. 69-2445. Carrying concealed weapon under other law; act; how construed. Nothing in the Concealed Handgun Permit Act prevents a person from carrying a concealed weapon as permitted under section 28-1202. Source - Laws 2006, LB 454, § 19. 69-2446. Rules and regulations. The Nebraska State Patrol may adopt and promulgate rules and regulations to carry out the Concealed Handgun Permit Act. Source - Laws 2006, LB 454, § 20. 69-2447. Department of Motor Vehicles records; use and update of information. (1) The Department of Motor Vehicles shall modify the existing system of the department to allow the status of a permit to carry a concealed handgun and the dates of issuance and expiration of such permit to be recorded on the permitholder's record provided for in section 60-483. The Nebraska State Patrol shall use the system to record the issuance or renewal of a permit to carry a concealed handgun. The transmission of notice of the issuance or renewal of such permit shall include the applicant's name, the applicant's motor vehicle operator's license number or state identification card number, and the dates of issuance and expiration of the permit to carry a concealed handgun. (2) An abstract of a court record of every case in which a person's permit to carry a concealed handgun is revoked shall be transmitted to the Department of Motor Vehicles using the abstracting system provided for in section 60-497.01. Such abstract shall contain the name of the revoked permitholder, his or her motor vehicle operator's license number or state identification card number, and the date of revocation of the permit to carry a concealed handgun. Source - Laws 2006, LB 454, § 21. 69-2448. License or permit issued by other state or District of Columbia; how treated. A valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia shall be recognized as valid in this state under the Concealed Handgun Permit Act if (1) the holder of the license or permit is not a resident of Nebraska and (2) the Attorney General has determined that the standards for issuance of such license or permit by such state or the District of Columbia are equal to or greater than the standards imposed by the act. The Attorney General shall maintain and publish a list of such states and the District of Columbia which he or she has determined have standards equal to or greater than the standards imposed by the act. Source - Laws 2009, LB430, § 13. - Effective Date: August 30, 2009 69-2449. Information to permitholder regarding lost or stolen handgun or firearm. The Nebraska State Patrol shall inform each permitholder, upon the issuance or renewal of a permit to carry a concealed handgun, that if a handgun, or other firearm, owned by such permitholder is lost or stolen, the permitholder should notify his or her county sheriff or local police department of that fact.

Nebraska and Utah Concealed Carry Class – Saturday – 7/19/2014 – $80
Nebraska and Utah Concealed Carry Class – Saturday – 8/16/2014 – $80

Bring your Spouse or significant other for $65 (Good for Former Students Spouse’s as well)

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Nebraska Concealed Carry Training – Affordable Prices

As of May 12, 2014 Pennsylvania no longer recognizes the Utah concealed firearm permit.

July 1st, 2014 the application fees for the CFP dropped to $41.00 for in state applicants. The cost for out of state applicants remains at $51.00. Concealed Firearms permits in the State of Utah are regulated by the Bureau of Criminal Identification. A permit to carry a concealed firearm in the State of Utah may be obtained by completing the instructions, and meeting the requirements as outlined on Form 96-4-02 Application for Concealed Firearm Permit. Visit - Utah BCI for more information